Expert case preparation, evidence bundling, and WRC representation for unfair and constructive dismissal claims across Ireland. Protecting employers and employees alike.
Unfair dismissal and constructive dismissal claims are among the most common — and most costly — employment disputes Irish businesses face. EFH (Business Consultants) Ltd provides expert advisory and direct representation before the Workplace Relations Commission (WRC), ensuring your position is protected and your case is properly built.
Under the Unfair Dismissals Acts 1977–2015, an employee who has been dismissed may bring a claim to the WRC if they believe the dismissal was unfair. Employees with 12 months' continuous service are entitled to bring a claim, with no service threshold for dismissals related to pregnancy, trade union activity, or certain protected grounds.
A dismissal may be found unfair where the employer cannot demonstrate a substantial ground justifying the termination, or where the procedures followed were not fair and reasonable in the circumstances.
Dismissal on grounds of performance or skill requires a documented, fair performance management process prior to termination.
Disciplinary dismissals must follow fair procedures — investigation, hearing, right of appeal — in line with the Code of Practice on Grievance and Disciplinary Procedures.
A redundancy must be genuine. Selection criteria must be fair and objective. Failure to consider alternatives can make a redundancy dismissal unfair.
The employer must demonstrate that a reasonable employer in similar circumstances would have made the same decision.
Constructive dismissal occurs when an employee resigns due to the employer's conduct — where the employer has fundamentally breached the employment contract or made continued employment so intolerable that resignation was the only reasonable option.
Constructive dismissal claims are complex and the burden of proof is high. The employee must demonstrate that they had no reasonable alternative but to resign, and that they raised their concerns formally before doing so.
Unfair and constructive dismissal claims are heard before an Adjudication Officer at the Workplace Relations Commission. Awards can reach up to two years' remuneration for unfair dismissal, in addition to potential reinstatement or re-engagement orders.
The employee submits a complaint to the WRC within 6 months of dismissal (extendable to 12 months in exceptional circumstances).
The employer prepares a written submission outlining the grounds for dismissal and the procedures followed.
Both parties compile their documentary evidence — contracts, disciplinary records, correspondence, witness statements.
The case is heard before a WRC Adjudication Officer. Both parties present their case and cross-examine witnesses.
The Adjudication Officer issues a decision. Either party may appeal to the Labour Court within 42 days.
EFH (Business Consultants) Ltd provides end-to-end support for both employers and employees navigating unfair or constructive dismissal proceedings in Ireland.
We review the circumstances, documentation, and procedural history to assess the strength of your position before any commitment.
Comprehensive assembly and organisation of documentary evidence in chronological order, referenced against relevant legislation and WRC precedent.
Detailed, well-structured written submissions that clearly set out your case and pre-empt the opposing arguments.
Direct advocacy before the WRC Adjudication Officer. Cross-examination preparation and witness coaching included.
Where a WRC decision requires appeal, we prepare and present the full appeal before the Labour Court.
Where appropriate, we advise on and negotiate settlement, saving time, cost, and management distraction.
Six months from the date of dismissal. This can be extended to 12 months where there is reasonable cause for the delay.
Up to two years' gross remuneration. The WRC may also order reinstatement or re-engagement rather than financial compensation.
Yes. The employer can demonstrate that the working environment was reasonable, that grievances were properly investigated, and that the employee did not exhaust internal procedures before resigning.
No. Many employers and employees are represented by HR consultants, trade unions, or employer bodies at WRC. EFH provides direct representation without the cost of legal fees.
Book a free 30-minute consultation. We will assess your position, explain your options, and outline a clear path forward — no obligation.