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Are you involved in an unfair dismissal case?
Are you confused about the amount of financial compensation that can be awarded?
Unfair dismissal legislation provides for 3 types of remedies for the successful employee:
reinstatement to the position he held before the dismissal
re-engagement involves the employee being given the same position or an alternative role
compensation.
Compensation in Unfair Dismissal Cases
Compensation is the most common remedy.
Under unfair dismissal legislation the maximum award is 104 weeks (2 years) remuneration.
Remuneration is not just basic salary. It also includes allowances in the nature of pay and benefits in lieu of or in addition to pay.
Remuneration, therefore, includes share options, VHI benefits, employer’s contribution to the pension scheme, company car, bonuses, commissions, and any other benefit provided to the employee.
Compensation can only be paid, though, on the basis of the actual loss incurred. Therefore, if an employee gets an equivalent job 3 months after dismissal his actual loss will be 3 months’ salary.
This compensation needs to be distinguished from damages that a person would be entitled to in, for example, a personal injury claim.
However, future loss can also be taken into account, as set out in section 7 of the Unfair Dismissals act, 1977: MY BOOKS
Employment Law In Ireland: The Essentials for Employers, Employees and HR Managers [ Ссылка ]
27 Irish Employment Law Cases: Priceless Lessons for Employers and Employees from Decided Cases of the EAT, Equality Tribunal, and High Court [ Ссылка ]
How to Carry Out a Workplace Disciplinary Procedure: Avoid Costly Claims for Unfair Dismissal and Other Employment Related Claims [ Ссылка ]
The Art of Marketing Your Services Business Online: How to Get New Clients With a Proven, Inexpensive 5 Part Digital Marketing Strategy [ Ссылка ]
Buying a House in Ireland: A Step by Step Guide by a Builder/Solicitor [ Ссылка ]
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