Oireachtas Joint and Select Committees

Tuesday, 6 November 2012

Joint Oireachtas Committee on Jobs, Enterprise and Innovation

Workplace Relations Service: Discussion with Employment Appeals Tribunal

2:25 pm

Mr. Jim Dorney:

Can I clarify something to ensure nobody says we misled anybody? Deputy Calleary asked if we were mainly concerned about the unfair dismissal. We are, absolutely. That is the issue being discussed but to be technically correct, it is unfair dismissal and post-employment situations. As members are aware, sometimes in an unfair dismissal case the question of whether the person got paid proper notice and so on arises directly out of the dismissal but in some cases there can be disputes about issues like that without it being an unfair dismissal. If the tribunal decides that somebody has been fairly dismissed on grounds of gross misconduct and he or she is seeking statutory notice, the decision of the tribunal will be that he or she will not receive compensation because he or she was not unfairly dismissed. Such people will not receive their notice either because dismissal on the grounds of gross misconduct means that they do not get their notice. Approximately 99% are unfair dismissals. Sometimes bits and pieces, so to speak, arise from that but only in the context of a dismissal case.