Unfair Dismissal Act 1977 Quiz

Podcast

Play an AI-generated podcast conversation about this lesson

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?

Either party can retract hasty statements. 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?

Participation in trade union activities. Signup and view all the answers

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

Terminate the contract Signup and view all the answers

Under what condition is a dismissal considered unfair?

If there are substantial grounds justifying the dismissal Signup and view all the answers

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

Reasonableness of the employer's response Signup and view all the answers

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

An opportunity to withdraw them Signup and view all the answers

Which type of dismissal is categorized as categorically unfair?

Dismissal during maternity leave Signup and view all the answers

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

104 weeks' remuneration Signup and view all the answers

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

Company profitability Signup and view all the answers

What does reinstatement entail for an employee?

Return to the same position with original conditions Signup and view all the answers

Re-engagement differs from reinstatement in that it involves:

Taking on a different, suitable role Signup and view all the answers

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

Circumstances surrounding the dismissal Signup and view all the answers

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

If the contract was frustrated for reasons unrelated to the employer's business Signup and view all the answers

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

The expiration of a fixed-term contract without renewal Signup and view all the answers

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

There was no dismissal, and the redundancy pay claim was dismissed Signup and view all the answers

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

The fixed-term employment contract comes to an end without renewal Signup and view all the answers

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

The employer’s actions caused the employee to feel unsafe or unfairly treated Signup and view all the answers

What defines incapability in the context of employment?

Long-term illness Signup and view all the answers

What is a key consideration regarding dismissal due to incapability?

Frequent intermittent illness and long-term illness must be differentiated 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?

Employee was absent for more than one third of the year Signup and view all the answers

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

All dismissal procedures must follow rules of natural justice 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?

A single long illness without prior absences Signup and view all the answers

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

Trade union membership or activities Signup and view all the answers

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

The selection for redundancy was based on unfair grounds Signup and view all the answers

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

Involvement in civil proceedings unrelated to employment Signup and view all the answers

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

Employee failing to meet set performance targets 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?

Categorically unfair dismissal Signup and view all the answers

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

Employers moving to a new location Signup and view all the answers

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

It must be clear and the employee's own decision. Signup and view all the answers

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

If the contract was frustrated for reasons unrelated to business. Signup and view all the answers

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

A reasonable notice period can be judge-determined. Signup and view all the answers

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

An unavoidable event, such as a natural disaster. Signup and view all the answers

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

Due to extensive absenteeism due to illness Signup and view all the answers

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

Fair notice and an opportunity to be heard Signup and view all the answers

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

An employee refusing to adhere to safety regulations Signup and view all the answers

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

It had no bearing on the fairness of the dismissal. Signup and view all the answers

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

Conducting a thorough investigation before the dismissal Signup and view all the answers

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

The employer has no obligation, but should consider it as a reasonable option. Signup and view all the answers

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

If the employee's condition prevents them from performing their job effectively Signup and view all the answers

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

An employee dismissed without any given reason Signup and view all the answers

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

Did the employee have an earlier performance review? Signup and view all the answers

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

Clear documentation of all previous warnings issued Signup and view all the answers

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

The walkout in protest of work conditions Signup and view all the answers

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

If it is mainly due to employee qualifications Signup and view all the answers

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

€355,850 Signup and view all the answers

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

Trade union activity Signup and view all the answers

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

They were replaced by their employer Signup and view all the answers

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;