Notice and dismissal

Notice Periods:

Notice periods are the amount of time that employers or employees must give to terminate an employment contract.The length of the notice period depends on the duration of the employment and is typically outlined in the employment contract or collective agreements.The statutory minimum notice periods are as follows:Less than 13 weeks' service: No notice required.13 weeks to two years' service: One week's notice.Two to five years' service: Two weeks' notice.Five to ten years' service: Four weeks' notice.Over ten years' service: Six weeks' notice.

Dismissal:

Dismissal refers to the termination of an employment contract by the employer.Employers must have a valid reason for dismissing an employee, such as redundancy, misconduct, capability, or other substantial reasons.Dismissal must be fair and in compliance with employment law to avoid legal repercussions.

Unfair Dismissal:

Employees who believe they have been unfairly dismissed may bring a claim to the Workplace Relations Commission (WRC) within six months of the dismissal.The burden of proof rests on the employer to demonstrate that the dismissal was fair and justified.Unfair dismissal claims can result in compensation for the employee and potentially reinstatement or reengagement.

Constructive Dismissal:

Constructive dismissal occurs when an employee resigns due to a fundamental breach of the employment contract by the employer.To prove constructive dismissal, the employee must show that the employer's conduct amounted to a fundamental breach of contract, making continued employment untenable.

Redundancy:

Redundancy occurs when the job ceases to exist, typically due to business closure, technological advancements, or a decrease in demand for products or services.Employers must follow fair procedures when making an employee redundant, including consultation, selection criteria, and offering suitable alternative employment where possible.Redundant employees are entitled to statutory redundancy payments based on their length of service, subject to certain eligibility criteria.

Notice of Termination:

Notice of termination must be provided in writing and should specify the termination date, the reason for termination (if applicable), and the notice period.Employers may choose to pay employees in lieu of notice, where the employee is paid for the notice period but is not required to work.