Processes for Terminating an Employee’s Contract

| David O’Riordan

Employers should be conscious of the fact that employees will come and go in the course of business. However, if you as an employer, decide to terminate an employee’s contract of employment, you will need to ensure that there are sufficient grounds to terminate the employment and that fair procedures are adhered to.

Employers should also be conscious that they may face a claim for Unfair Dismissal if an employee resigns due to the conduct of the employer. This is what is known as Constructive Dismissal.

You will need to ensure that contractual notice is given and that you have complied with the provisions of the Minimum Notice and Terms of Employment Acts.

It is open to employees bringing a claim for Unfair Dismissal to seek reinstatement, re-engagement and/or compensation. Compensation of up to two years renumeration can be awarded for Unfair Dismissal.

Case Study

We recently acted for a employer defending a claim for unfair dismissal. The employer had affected a conduct-based termination, following a number of serious allegations having been raised by other employees. The employee was dismissed.

The employer strictly adhered to its’ disciplinary procedures as set out in the company handbook, affording the employee due process and a right of appeal.

Submissions were made on behalf of the employer and the complaint was subsequently withdrawn by the employee prior to the Adjudication hearing.

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