Unfair Dismissal?

I was dismissed from my job today.

I was given no notice about it except for 4 weeks written notice.

To give some background, it is a perm job. I started on 24/08/07 and the notice goes to 25/08/08. I finished 6 months probabtion with a good review.

I have been sick a lot for the last 2 months as I had surgery. I had full doctors notes and filled in all the proper social forms. I did not perform my work duties 100% as I was sick (they said this was not the reason for my dismissal).

I had no indication other than the need for some further training that they were not happy with my work. They never supplied the training or afforded me the opportunity to improve.

I had no due process. I had no representation in the dismissal meetings. It was just HR and the Manager.

They offered me €10,000 not to process an unfair dissal claim.

I am paid until the end of August and do not have to work out my notice.

Should I proceed with an unfair dismissal claim (I made 58k/year).

Or should I take the 10,000?

Hi there sorry for your troubles what reason did they give you for the dismissal?

It seems that they did not believe that I had the skills to learn the business. But I was learning each week and had proof but they weren't interested in that. I think it had more to do with politics and my illness, but I cannot prove that. I got a new manger half way through my illness. In the last 2 months, I have only met him twice.

It's not unfair dismissal (except for certain grounds) for the first 12 months...

http://www.citizensinformation.ie/c...nt-and-redundancy/dismissal/unfair_dismissal/

But I would have officially been there a year and a day?

you have already been "let go", the notice running into a second year would not matter...

a suspicious person would think that had a lot to do with their timing...

It kinda sends off alarm bells to me, if there trying to pay you off so you wont go through with the dismissall claim, I would go through with the claim, jobs are getting harder to find out there

I really appreciate all your replies! I have been in contact with the employees rights commission and Citizen's Information. I have a appointment with a lawyer on 18/08. I am just trying to make an informed decision before I take the 10,000 or not. It's a very stressful time right now. I loved that job.

I suspect it is because you were sick.
Talk to a solictor and take a claim against them.

Yes, but it takes alot of time and money to take a case. The fact they have offered you 10,000 not to means they are already dubious. If you took a case you would be lucky to get 30k even if you were to win, and to get that level of money you would need to be out of work for a considerable time which would not be favourable to your future employment prospects. Back up all "evidence" that you feel proves you were unfairly dismissed. Speak to an employment law specialist immediately. if they feel you have a case- you can come back to the company saying "I have taken legal advice and they feel I have a case"...I do not wish to persue this line however i will be out of pocket as such jobs are hard to come by etc.. so if you can agree 20,000 etc I will agree not to go down the legal route.

Two months salary plus notice period for someone there less than a year seems like a reasonable offer. If they are prepared to include a good written reference and maybe an increase in the lump sum, I wouldn't waste your energy fighting it. Not that I would be particularly happy in your shoes.

I'm assuming your dimissal or your illness is not connected with any of the protected grounds (e.g. a recognised disability, your gender / orientation). I am not a solicitor or an employer.

jhegarty said:

It's not unfair dismissal (except for certain grounds) for the first 12 months...

http://www.citizensinformation.ie/c...nt-and-redundancy/dismissal/unfair_dismissal/

Click to expand...

Note the citizens information info is incorrect here, it does not make reference to the employee to bring a claim for dismissal on health and safety grounds.


think long and hard was there a health and safety issue involved? if there was then you can attempt to claim unfair dismissal, as correctly stated there are other exceptions as well,

with regards to the proposed training which you did not get, give the solictor all the info, lack of training , leads to stress which is a health and safety issue, surgery = disability ??

do you have a copy of the companies safety statement?, were you shown it and did youunderstandit?, your employer is required under the 2005 act to show you the safety statement,

Do you have a copy of your employment contract, your solictor will need to see it, there is bound to be a breach of procedure, did you know what you were meeting the two people for.

Dear Concerned,

Sorry to hear about your trouble. I would second the radvise to seek legal advise from an exployment law specialist ASAP before you make any decision.

Just one minor point, I took an unfair dismissal case against a former employer in the past and my solicitor advised me that the 12 month/1 year requirement does not allow employers to get away with sacking people when in the 11 month of their employment as a way to avoid employees having the right to take cases. Once you are in the 11th month of your employment, your rights are active. This is what I was advised at the time.
As you started your job on 24/08/07, this would mean that your employer would need to have served you notice on prior to the 24th of July.


Best of luck!

Marge

Concerned,

"Poor Performance" is reason they dismissed you, but they have not followed normal policies (Improvement plan, training, Mentoring) on this issue.

Best of luck

Just be aware that the average award in the employments appeal tribunal is around 8k (google employments rights awards). You'd get more in court IF you were successful but you'll be tied up in court for a long time, legal fees are expensive. Personally I'd take their offer and get a clean reference, maybe try and get more money.