Unfair dismissal - advice needed please

G

GreatDane

Registered User
Messages
681
Hi

I have a friend who has just been unfairly dismissed.

I believe the LRC may be able to assist, but it's just happened and to be honest, this is not an area I'm familiar with so would appreciate any assistance / advice which can be offered, to help ensure action is taken quickly to deal with the situation.

While it's not appropriate to discuss the details of the case, nor name the employer at this point for the obvious reasons (tempting as it may be) - suffice to say, the isses are:

* Unfair Dismissal (which can be supported)

* Slander - whereby the employer has made false statements against the employee in front of witnesses

Can anyone offer any initial advice on what approach to be taken etc ?

... the employer has absolutely no interest in even hearing the employee's point of view, not alone being willing to follow on the detail available whereby it could clearly be shown the employer is in the wrong, so any attempt at dealing with this though equitable means appears to be impossible.

Regarding the Slander issue, my feeling is that it is appropriate to engage a suitable, employment / personal injury solicitor & would appreciate any recommendations for someone with relevant experience in this sector (Dublin City location please)

Many thanks

G>
 
First thing might be for them to think about what the might want to achieve by taking an unfair dismissals case and/or a defamation case - I presume that they are separate issues and that the Labour Court/Rights Commissioner will deal with the former but not the latter and the courts might deal with the latter but not the former. For example I would imagine that reinstatement is not really a goal here and that they would be looking for compensation for loss of earnings etc. on the unfair dismissals front. On the defamation front what would they be looking for? I do believe that getting legal advice on both issues might be a good idea.
 
Hi

Thanks ... your quite right as I see it also, two seperate matters but obviously interconnected.

Suffice to say, while in an ideal world the person just wants to turn back time and wish none of this ever happened, as they were very happy in the job, doing it well etc. However, as you correctly point out reinstatement can't really be the goal, because ultimately it would never be a plesant place to work again etc.

Truely, I feel very sorry for the person in question as I know them very well and know they are extremely upset because they really loved this bloomin' job & also, are destroyed to think they were accussed in the wrong & specifcally, because of the nature of the acquisition, the public spectacle made of them etc.

I've done some quick searches on the web, got a load of bookmarks to read through with the person in question over the coming weekend, so will put any interesting / useful links in this thread for others to read, if & when ever needed. Obviously, I'm referring to links to bodies like the LRC, state advisory boards etc etc ..... not a whole load of solicitors firms etc

One thing for sure, there appears to be plenty of legislation, previous court rulings etc on this type of thing, so unfortunitely it's far from unheard of, but at least there appears to be plenty of support for people who are treated like this. Bottom line here is when this type of thing happens, it really needs to be dealt with quickly & forefuly, to try and prevent bad employers from being permitted to get away with such actions.

Cheers

G>
 
Are they a member of a trade union and, if so, have they tried to make contact with either their elected representative or trade union official regardless of the fact that it is a week-end? The timing of the dismissal may be intentional. If a member, legal representation should be part and parcel of their membership.

Whilst I don't agree with it myself I have heard of people joining when a problem occurs.
 
Hi,

I went through a situation last year where I brought my exboss to the EAT for unfair dismissal.

my case also was somewhat delicate due to the fact my boss is quite well know in the circles he moves and works in.

I sought legal advice immediatly and can recommend an excellent solcitor if you want.

I also had written proof that my boss wanted me out (after i became pregnant) along with numerous other things so it did become quite messy

Fortunatly though, our case was due to be heard in the EAT last november and the weekend before we settled out of court.

it worked out well for me, but wasnt a pleasant time to be honest.

if you want any further info PM me, no problem.

Hope it all works out for your friend.
 
LizaM said:
Fortunatly though, our case was due to be heard in the EAT last november and the weekend before we settled out of court.
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I realise the sensitivity on this issue so feel free not to answer but was the settlement a purely financial one?
 
Hi

Thanks for all assistance above.


Clubman,

Out of interest, are you wondering if part of the settlement involved the person being re-instated, or have you another possible angle on this one ?

Thanks

G>
 
LizaM - can you give me the details of the solicitor as my wife has been through a similar experience to you? Thanks
 
ClubMan said:
I realise the sensitivity on this issue so feel free not to answer but was the settlement a purely financial one?
Click to expand...

no problem, I received a financial settlement plus i wanted a reference and a apology from the chairman.

I received all three.

If my case had of gone to court, the EAT could have directed that I be re-instated, but because we didnt get inside the doors of the EAT, my ex-employer obviously wasnt going to offer reinstatement you know?
 
Hi LizaM

I am also going through a similar situation and need to speak with a solicitor...

Much obliged
 
I am going through similar presently with my brother. Its a terrible, terrible situation and absolutely appauling what can go on. Do people realise at all that it is humans they are dealing with, who just want to work at their jobs and bring home some money to pay to live!!

We are going to see a solicitor tomorrow. We have already met with a guy we were put in touch with (not a solicitor - guy for trade unions/general workers) and he has told us that he certainly has a case, however my brother really just wants to have his name cleared and a reference, he is not interested in their money. I will let you know how we get on.

As a matter of interest what do people think of seeking an apology of some sorts, a reference and just any remuneration due?? We are hoping that they will be advised that they are getting off lightly and agree - at the end of the day I know he has a good case but all he wants to do is get on with his life and get a job. He has interviews starting in two weeks and would prefer to go in and concentrate on that and not have to be cloak and dagger about previous employment because of a situation he was put in. He was only in this job short of 2 years, previously to that he was in a job for 7 years with absolutely no problems and was made redundant as the company closed down, he has a glowing reference from them, this crowd have really hurt him and his confidence is needless to say at an all time low!
 
Aimee said:
....

As a matter of interest what do people think of seeking an apology of some sorts, a reference and just any remuneration due??
Click to expand...


Hi

I've a friend who is going through this at the moment & in answer to your question, I think that a public apology, a strong referance and some sort fo financial compensation is due - especially, if there has been defamation involved.

Quite frankly, my understanding is that one of the possible things a court could rule is that the staff member is re-instated. However, I think anyone who was re-instated would be in a very difficult & uncomfortable position .... despite the fact that they are in the right. As such, I think a suitable financial package, by way of compensation for loss fo work would be more appropriate (keep in mind, the victum has often been out of work for a period due to this wrong doing etc)

Furthermore, from the point of view of the employer, if they have done wrong then they should have to pay a serious financial penalty, to help stop them doing it again in the future to someone else !

Regards


G>
 
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