Unfair Dismissal Act 1977 Quiz
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Questions and Answers

What defines dismissal according to the Unfair Dismissal Act 1977?

  • A contract termination without renewal for a fixed term. (correct)
  • A temporary leave of absence granted by the employer.
  • A voluntary resignation from employment.
  • An employee's decision to switch companies.

Which of the following employees is NOT covered by the Unfair Dismissal Act?

  • An employee with less than one year of continuous service. (correct)
  • An employee dismissed for being a trade union member.
  • An employee dismissed due to pregnancy.
  • An employee maintaining minimum wage legislation.

What must be true for a dismissal to be considered under the Unfair Dismissal Act?

  • There must be a mutual agreement on the dismissal.
  • The employer intended to terminate the contract. (correct)
  • The employee must have requested termination.
  • The employee must have committed fraud.

If an employee hastily expresses a desire to quit, what does the Unfair Dismissal Act provide?

<p>Either party can retract hasty statements. (A)</p> Signup and view all the answers

Which of the following reasons would exempt an employee from the one year service requirement for claiming unfair dismissal?

<p>Participation in trade union activities. (D)</p> Signup and view all the answers

What must an employer intend to do for a dismissal to be considered valid?

<p>Terminate the contract (D)</p> Signup and view all the answers

Under what condition is a dismissal considered unfair?

<p>If there are substantial grounds justifying the dismissal (D)</p> Signup and view all the answers

Which factor contributes to the assessment of whether a dismissal is unfair?

<p>Reasonableness of the employer's response (D)</p> Signup and view all the answers

What must an employee be given regarding hastily made statements during dismissal?

<p>An opportunity to withdraw them (D)</p> Signup and view all the answers

Which type of dismissal is categorized as categorically unfair?

<p>Dismissal during maternity leave (B)</p> Signup and view all the answers

What is the maximum amount of compensation an employee can receive due to dismissal, according to the regulations?

<p>104 weeks' remuneration (C)</p> Signup and view all the answers

Which step is NOT necessary to check when claiming unfair dismissal?

<p>Company profitability (A)</p> Signup and view all the answers

What does reinstatement entail for an employee?

<p>Return to the same position with original conditions (A)</p> Signup and view all the answers

Re-engagement differs from reinstatement in that it involves:

<p>Taking on a different, suitable role (A)</p> Signup and view all the answers

What is an important factor to consider regarding dismissals that may be declared fair?

<p>Circumstances surrounding the dismissal (A)</p> Signup and view all the answers

Under what circumstances can an employer avoid paying redundancy according to Irish law?

<p>If the contract was frustrated for reasons unrelated to the employer's business (C)</p> Signup and view all the answers

What does the term 'dismissal' include according to S1 of the UFD Act 1977?

<p>The expiration of a fixed-term contract without renewal (A)</p> Signup and view all the answers

In the case of Nolan v Brooks Thomas, what was the outcome regarding the employee's redundancy pay?

<p>There was no dismissal, and the redundancy pay claim was dismissed (C)</p> Signup and view all the answers

Which of the following scenarios could lead to a valid dismissal as defined by the UFD Act 1977?

<p>The fixed-term employment contract comes to an end without renewal (D)</p> Signup and view all the answers

Which of the following accurately reflects a scenario where an employee could terminate their contract without notice?

<p>The employer’s actions caused the employee to feel unsafe or unfairly treated (A)</p> Signup and view all the answers

What defines incapability in the context of employment?

<p>Long-term illness (D)</p> Signup and view all the answers

What is a key consideration regarding dismissal due to incapability?

<p>Frequent intermittent illness and long-term illness must be differentiated (D)</p> Signup and view all the answers

In the case of Reardon V St Vincent's Hospital, what factor contributed to the dismissal being considered fair?

<p>Employee was absent for more than one third of the year (D)</p> Signup and view all the answers

Which of the following statements is true regarding the dismissal process for incapability?

<p>All dismissal procedures must follow rules of natural justice (C)</p> Signup and view all the answers

In the context of incapability, dismissals can be deemed unfair when they rely solely on which of the following?

<p>A single long illness without prior absences (C)</p> Signup and view all the answers

What situations are considered categories of unfair dismissal under Section 6.2 of the 1977 Act?

<p>Trade union membership or activities (D)</p> Signup and view all the answers

Under what condition is a dismissal deemed unfair in terms of redundancy according to section 6.3?

<p>The selection for redundancy was based on unfair grounds (B)</p> Signup and view all the answers

Which of the following is NOT a situation that can lead to categorically unfair dismissal?

<p>Involvement in civil proceedings unrelated to employment (A)</p> Signup and view all the answers

Which of the following actions would make a dismissal potentially fair under the 1977 Act?

<p>Employee failing to meet set performance targets (D)</p> Signup and view all the answers

If an employee is dismissed because they are a member of a protected class, what type of dismissal is this considered?

<p>Categorically unfair dismissal (C)</p> Signup and view all the answers

Which of the following is NOT a valid reason for the termination of a contract?

<p>Employers moving to a new location (C)</p> Signup and view all the answers

What must be true for an employee's resignation to be considered valid?

<p>It must be clear and the employee's own decision. (B)</p> Signup and view all the answers

In which situation can an employer avoid redundancy under Irish law?

<p>If the contract was frustrated for reasons unrelated to business. (C)</p> Signup and view all the answers

What does the case Lyons V MF Kent & Co illustrate about notice periods?

<p>A reasonable notice period can be judge-determined. (C)</p> Signup and view all the answers

Which of the following events could lead to the termination of a contract through 'Frustration'?

<p>An unavoidable event, such as a natural disaster. (B)</p> Signup and view all the answers

What was the primary reason for Bolger's dismissal from his employment?

<p>Due to extensive absenteeism due to illness (C)</p> Signup and view all the answers

What must an employer provide before dismissing an employee for incapacity?

<p>Fair notice and an opportunity to be heard (A)</p> Signup and view all the answers

Which scenario could potentially justify a fair dismissal under the Unfair Dismissals Act?

<p>An employee refusing to adhere to safety regulations (D)</p> Signup and view all the answers

What did the court conclude regarding Bolger's later recovery after his dismissal?

<p>It had no bearing on the fairness of the dismissal. (C)</p> Signup and view all the answers

What is one crucial aspect of fair procedures in the dismissal process?

<p>Conducting a thorough investigation before the dismissal (C)</p> Signup and view all the answers

For a dismissal due to incapacity, what is the obligation of the employer regarding alternative employment?

<p>The employer has no obligation, but should consider it as a reasonable option. (C)</p> Signup and view all the answers

Under what circumstances can ill health lead to a fair dismissal?

<p>If the employee's condition prevents them from performing their job effectively (B)</p> Signup and view all the answers

Which of the following indicates an eligible claim for unfair dismissal?

<p>An employee dismissed without any given reason (D)</p> Signup and view all the answers

Which of the following questions is NOT listed as important to answer before dismissal for incapacity?

<p>Did the employee have an earlier performance review? (B)</p> Signup and view all the answers

What must a dismissal process include to be considered valid under the Unfair Dismissals Act?

<p>Clear documentation of all previous warnings issued (B)</p> Signup and view all the answers

What factor contributed to the court ruling that the complainants were employees?

<p>The walkout in protest of work conditions (C)</p> Signup and view all the answers

What is a condition under which a dismissal is considered fair?

<p>If it is mainly due to employee qualifications (A)</p> Signup and view all the answers

What was the compensation awarded to each complainant in the first case?

<p>€355,850 (B)</p> Signup and view all the answers

Which of the following is NOT a reason for fair dismissal according to the regulation?

<p>Trade union activity (D)</p> Signup and view all the answers

What occurred the day after the workers contacted Siptu for advice?

<p>They were replaced by their employer (C)</p> Signup and view all the answers

Flashcards

Fixed-term contract expiration

When a contract for a fixed period ends without being renewed, it constitutes a dismissal.

Dismissal for a specified purpose

If a contract is for a specific purpose with an uncertain duration, the end of that purpose is considered dismissal.

Who is covered by the Unfair Dismissal Act?

The Act protects employees with a contract of service and one year of continuous employment, except in specific circumstances.

Dismissal for trade union activity

An employee dismissed for their involvement in a trade union is protected under the Unfair Dismissal Act.

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Dismissal intention

For dismissal to occur, the employer must have intended to terminate the employment contract.

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Redundancy Pay

Payment given to employees who are dismissed due to their employer's actions, regardless of notice period.

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Frustration of Contract

A legal situation where a contract can't be fulfilled due to unforeseen circumstances beyond the control of either party.

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Dismissal

The termination of an employment contract by either the employer or the employee.

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Termination by Employer

The employer ends the employment contract, potentially with or without notice.

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Termination by Employee

The employee ends the employment contract, potentially due to employer misconduct.

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Taking Back Words

Both employer and employee have the right to retract hasty statements made during a potential dismissal.

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Substantial Grounds

For a dismissal to be considered fair, the employer must have valid and justifiable reasons beyond just dissatisfaction.

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Reasonable Employer

The Unfair Dismissal Act considers whether the employer acted in a fair and rational manner regarding the dismissal.

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Categorically Unfair Dismissal

Specific dismissals are automatically considered unfair, even if there are grounds, including Dismissal during maternity or parental leave.

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Reinstatement

Returning an employee to their previous position with the same terms and conditions they had before being dismissed. This takes effect from the date of dismissal.

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Re-engagement

Offering an employee a new, suitable job within the company, with terms that are reasonable given the circumstances of their dismissal.

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Compensation

Payment to an employee for any financial losses suffered due to unfair dismissal. The maximum amount is 104 weeks' worth of their salary.

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Unfair Dismissal

When an employee is dismissed without a valid reason or without following proper procedures, sometimes leading to legal action.

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Eligibility for Unfair Dismissal Claim

To claim unfair dismissal, an employee needs to meet specific criteria, including a certain length of service and time frame since the dismissal, and the dismissal must have occurred.

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Incapability Dismissal

Dismissal due to an employee's long-term illness, preventing them from performing their job effectively.

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Frequent Intermittent Illness

A pattern of short-term absences due to illness, potentially leading to dismissal due to incapability.

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Long-term Illness

Prolonged illness preventing an employee from working for an extended period, potentially leading to dismissal.

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Dismissal Fairness

Dismissal due to incapability must follow fair procedures, including reasonable timeframes and allowing the employee to respond.

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Reardon V St Vincent's Hospital

This case established that even with good performance at work, prolonged absences due to illness can lead to a fair dismissal under certain circumstances.

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Unfair Redundancy Dismissal

Dismissal for redundancy is unfair if the company's claim of redundancy is false or if the selection process was discriminatory.

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What are examples of 'unfair dismissal' reasons?

Examples include taking maternity leave, being a trade union member, or being dismissed for your race, religion, age, or disability.

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What if an employee is dismissed for trade union activities?

Dismissal based on trade union membership or activities is considered categorically unfair, meaning it's automatically unfair.

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What are examples of 'protected rights'?

Protected rights that cannot be used as grounds for dismissal include: maternity leave, parental leave, trade union membership, religion, age, disability, sexual orientation, and more.

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Repudiation

A serious breach of contract by either party, essentially ending the contract.

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Employee Resignation

When an employee voluntarily chooses to end their employment contract.

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Redundancy

The loss of a job due to an employer's decision to reduce its workforce.

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Dismissal by Employer

Termination of an employment contract by the employer, potentially with or without notice.

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Trade Union Role

Trade unions advocate for workers' rights, including fair treatment and working conditions. They can represent employees in disputes with employers and negotiate collective agreements.

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Fair Dismissal Reasons

Dismissal can be considered fair if the reason is related to the employee's capability, conduct, qualifications, redundancy, or a legal requirement.

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Kilnaleck Mushrooms Case

Migrant mushroom pickers were dismissed after joining a trade union and protesting working conditions. The court ruled the dismissal was unfair, recognizing their rights as employees.

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Redress for Unfair Dismissal

The Unfair Dismissal Act provides remedies for unfair dismissal, including compensation for lost earnings and reinstatement to the previous job.

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Dismissal Eligibility

To claim unfair dismissal, an employee needs to meet specific criteria, such as a certain length of service and time frame since the dismissal, and the dismissal must have occurred.

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Bolger v Showerings

A landmark case where a forklift driver was dismissed due to illness, despite later recovering and being able to return to work. The court ruled that his dismissal was fair because he was clear about his incapacity at the time.

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Substantial Reason for Dismissal

For an employer to dismiss an employee due to ill health, the illness must be a significant and justifiable reason for dismissal. This means the illness must genuinely impact the employee's ability to perform their job.

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Fair Notice in Illness Dismissal

Before dismissing an employee for ill health, the employer must give the employee adequate notice and an opportunity to be heard. This means informing the employee about the potential dismissal and allowing them to respond.

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Medical Advice in Illness Dismissal

Employers must seek medical advice from both the employee and their own medical professionals to determine the extent of the illness and its impact on the employee's ability to work.

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Alternative Employment in Illness Dismissal

While an employer isn't legally obligated to provide alternative employment when an employee is dismissed due to illness, a reasonable employer would be expected to consider this option.

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Study Notes

Section 1 of UFD Act 1977

  • Defines dismissal
    • (c) the expiration of a contract of employment for a fixed term without its being renewed under the same contract, or
    • in the case of a contract for a specified purpose (being a purpose of such a kind that the duration of the contract was limited but was, at the time of its making, incapable of precise ascertainment), the cessation of the purpose;

Unfair Dismissal Act

  • Who is Covered by the Act?
    • Employed under a contract of service
    • One year continuous service except if dismissal for:
      • Trade union membership or activity
      • Pregnancy, maternity or related matters
      • Acting to uphold min wage legislation
      • Penalisation under the Safety Health and Welfare at Work Act 2005

Application of the Act

  • Dismissal must take place:
    • The employer must have intended to terminate the contract
    • Either party should be given the opportunity to take back 'hastily uttered words'

When is a dismissal unfair?

  • All dismissals are deemed unfair unless there are substantial grounds justifying the dismissal.
    • (section 6.1)
  • Reasonable employer rule
  • Not if employee is guilty
  • Reasonableness of the response of the employer
  • Reasonableness of procedures followed

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Test your knowledge on the Unfair Dismissal Act 1977 through a series of questions that cover its definitions, stipulations, and implications for employees and employers. Explore what constitutes valid and unfair dismissal, exemption criteria, and compensation limits to enhance your understanding of labor rights in this area.

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