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What Is Unfair Dismissal? | HR Glossary | BambooHR

Termination of employment that breaches statutory fairness in reason or process.

Unfair dismissal is the termination of an employee's contract in a way the law regards as unjustified, either because there was no fair reason or because a fair procedure was not followed. It gives eligible employees a route to redress.

In Ireland, the Unfair Dismissals Acts generally protect employees with at least one year's continuous service, though some dismissals โ€” such as those for pregnancy, trade union activity or making a protected disclosure โ€” are automatically unfair regardless of service. Claims are heard by the Workplace Relations Commission.

Employers defend such claims by showing a fair substantive reason and a fair process, including warnings, investigation and the right to representation where relevant. Consistent policies and thorough documentation are the best protection.

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