Ireland: Unfair/ Wrongful Dismissal

Irish employers are increasingly exploring the 'PIP or Go' model as an alternative to traditional performance management processes, offering underperforming employees a choice between entering a formal performance improvement plan or accepting an exit package. While this approach can expedite internal processes and reduce administrative burden, it carries significant legal risks including constructive dismissal claims, discrimination allegations, and potential challenges to subsequent dismissal procedures.

The legislative framework governing agency workers in Ireland, the Protection of Employees (Temporary Agency Work) Act 2012 (the “2012 Act”) has been in place for almost 15 years but continues to be an area that generates questions...

Fixed-term contracts offer flexibility for Irish employers, but they require careful navigation of equal treatment obligations, renewal restrictions, and dismissal risks. Understanding the Protection of Employees (Fixed-Term Work) Act 2003 is essential to avoid inadvertent legal liability and ensure compliance with successive contract limits, probation requirements, and redundancy entitlements.

The RDJ Employment Team is seeing an increasing number of claims under the Protected Disclosures Act 2014 (the "2014 Act") in practice.

This Inbrief provides a whistle-stop tour of the most important Irish employment law issues, from the beginning of the employment relationship through to its conclusion.

Addressing capability issues and manging performance in the workplace, whilst protecting the employer organisation from legal liability, takes time and lots of patience.

The Labour Court recently considered whether the "seamless transition" of an agency worker, from his assignment at a client site to direct employment by the client...

The General Scheme seeks to allow, but not compel, an employee to remain in employment until reaching the "pensionable age" under social welfare legislation.

Many employers utilise fixed-term and specific purpose contracts of employment. The RDJ LLP Employment Team regularly advises our clients on the employment law...