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Ireland: Termination of employment

Original and updating author: Mark Carley

Consultant editor: Lauren Tennyson

Summary

  • Employment contracts may terminate in various ways, notably by dismissal, resignation, mutual consent or retirement. (See General)
  • Qualifying employees are entitled to a minimum period of notice of dismissal. (See Notice periods)
  • Employers must show that a dismissal was for a fair reason and must follow a fair procedure. (See Fair and unfair dismissal)
  • An employer may dismiss an employee summarily without notice, where the employee has committed gross misconduct and the employer cannot reasonably continue the employment relationship. (See Summary dismissal)
  • A constructive dismissal may occur when an employee resigns because of the employer's perceived conduct and the conduct was a fundamental breach of the contract. (See Constructive dismissal)
  • Employees whose dismissal breaches their contract are entitled to bring a common-law claim for wrongful dismissal. (See Wrongful dismissal)
  • Redundancy is a fair reason for dismissal provided that the employer can prove that there is a redundancy situation and that it followed fair procedures. (See Redundancy)
  • There is no compulsory statutory retirement age for private sector employees, but an employer may be able to objectively justify a mandatory retirement age. (See Retirement)
  • Unfair dismissal claims are brought before the Workplace Relations Commission, which can award successful claimants' compensation, reinstatement or re-engagement. (See Contesting dismissal)