Any dismissal under the Unfair Dismissal legislation is presumed to be unfair until the employer proves it was fair.
This places a heavy obligation upon the employer to ensure that before dismissing any employee they have followed proper procedures and the grounds for dismissal are reasonable.
Failure to prove a dismissal was fair will result in an Adjudicator or the Labour Court awarding one of the following:
As an unfair dismissal may take time to be heard any finding involving compensation may be very costly.
MSS can provide guidance to employers before any dismissal takes place and can represent an employer where a claim is made.