Book Description

Redmond on Dismissal Law, 3rd edition (previous edition titled: Dismissal Law in Ireland) explains the workings of dismissal law (wrongful and unfair) and details the introduction of the new Workplace Relations Commission. The planned Irish Government's Workplace Relations Reform Programme delivers a two-tier Workplace Relations structure by merging the activities of the National Employment Rights Authority, the Labour Relations Commission, the Equality Tribunal and the first instance functions of the Labour Court and the Employment Appeals Tribunal into a new Body of First Instance, the Workplace Relations Commission (WRC). The WRC provides a single portal of entry for all employment and equality related information requests, and employment and equality rights complaints and referrals. It also plays a key role in encouraging employers and employees to resolve issues at workplace level thereby reducing the number of cases going forward for inspection or adjudication. The book is useful to both practitioners and students in detailing how the law works and how the new system works. The book covers all relevant legislation, including the many amendments to the Unfair Dismissals Act 1977, and it provides expert guidance for employers and employees on their respective rights and legal obligations regarding termination of employment under the common law as well as unfair dismissals legislation. Includes coverage of the Industrial Relations (Amendment) Act 2012 and Workplace Relations Bill 2012. Content includes: Part A: Historical Development; Part B: Wrongful Dismissal: Wrongful Dismissal; Identifying the Nature of Employment; Termination with or without Notice; Limitations in the Contract; Effect of Breach on Concept of Termination; Constitutional Justice; The Constitution and Dismissal; Judicial Review; Specific Performance, Injunctions and Declarations; Damages and Ordinary Employees; Part C: Unfair Dismissal: Statutory Unfair Dismissal; Reasonableness and the Employer's Role; Involvement in Proceedings: Age; Pregnancy and Maternity; Capability, Competence or Qualifications; Conduct; Redundancy; Other Substantial Grounds; Constructive Dismissal; Collective Aspects of Unfair Dismissal; Fact and Date of Dismissal; Express Qualifications and Exclusions; Remedies for Unfair Dismissal; Procedural Aspects of Unfair Dismissal.