Employment Laws in Ireland: Analysis and Conclusions

Running head: EMPLOYMENT LAWS
Employment Laws
Name of the Student
Name of the University
Author Note

1EMPLOYMENT LAWS
The following paragraphs will discuss and analyse the laws prevalent in Ireland relating to
employment laws. It will also strive to analyse the given situations in the light of these laws.
These paragraphs will also provide for the conclusions that may be inferred from these
situations.
Question 1
The employment laws relating to Ireland does not protect the employees against unfair
dismissal. In the instant situation, the issue is whether Simon falls within the four categories
of workers who are not eligible to sue for unfair dismissal. The following paragraphs will
discuss and analyse the laws prevalent in Ireland relating to employment laws. It will also
strive to analyse the instant situation in the light of these laws. These paragraphs will also
provide for a conclusion that may be inferred from the situation.
In Ireland, the laws relating to employment does not provide protection to the employee
against the dismissals, which are unfairly effected. However, it extends a right to the
employees to challenge the dismissal on the grounds of fairness. This right has been incurred
by them once the dismissal has been effected and not before the dismissal.
However, there are certain categories of employees who are not entitled to bring an action
against their employers challenging their dismissal. The employer is justified in dismissing
their employees on certain grounds and the fairness of such a dismissal cannot be questioned
by the employee.
In case the employee has been incompetent in performing the job that he has been hired
for, the employer is justified in dismissing such an employee and the employee does not incur
a right to challenge such a dismissal. However, in such an event, the employer needs to
provide the employee with a fair warning about the same and a chance to the employee to

2EMPLOYMENT LAWS
improve before effecting such a dismissal. The same can be illustrated with the case of
Richards v. H Williams and Co Ltd 1979.1
The employer is also justified in dismissing the employee in case the employee has been
irregular or incapable of continuing with working with the employer owing to illness on a
regular basis. In case, the employee have been absent from work on a regular basis, the
employer must provide the employee with a fair chance to employee to improve his
attendance before such a dismissal. The same can be illustrated with the case of McElhinney
v Templemore Co-operative Society (1982).2
The employer is justified in dismissing his employee in case the employee has committed
a gross misconduct while performing his duty as an employee. This is a valid ground for
dismissal and the employee so dismissed does have the right to bring an action against the
employer on being dismissed on such a ground. However, the employer must carry out an
investigation regarding the alleged misconduct and provide the employee with a fair chance
of being heard. The same can be illustrated with the case of British Home Stores v
Burchell[1978] IRLR 3793.
The employer is also entitled to effect a dismissal in relation to an employee in case the
employee has indulged in an act of competition against the employer or has been acting in a
way which violates the interest of the employer. The same can be illustrated with the case of
Donoghue v Carroll Group Distributors Ltd (1982)4.
In the present situation, Simon has indulged into a fight with the candidate in order to stop
him from hurting other people in the office. In doing so, Simon has thrown himself upon the
candidate. It can be contended that Simon has the option of informing the police to handle the
1 Richards v. H Williams and Co Ltd 1979.
2 McElhinney v Templemore Co-operative Society (1982).
3 British Home Stores v Burchell[1978] IRLR 379.
4 Donoghue v Carroll Group Distributors Ltd (1982).

3EMPLOYMENT LAWS
matter. Simon was not justified in using such an excess force upon the candidate and this can
be treated as a misconduct on the part of Simon. However, the employers needs to provide
Simon with a chance of presenting his side before effecting the dismissal on the ground of
misconduct.
Simon falls within four categories of workers who are not eligible to sue for unfair
dismissal.
Question 2
The employment laws prevalent in Ireland does not protect the employees against unfair
dismissal but it provides the employees with a right to claim damages from the employer in
case the dismissal has been effected unfairly. However, the employer dismissing an employee
needs to follow a procedure while effecting the dismissal. The laws prevailing in Ireland
requires the employer to follow a fair set of procedures in dismissing an employee. In this
present situation, the issue is whether Simon has been treated fairly by his employer while
effecting his dismissal. The following paragraphs will discuss and analyse the laws prevalent
in Ireland relating to employment relationship. It will also strive to analyse the instant
situation in the light of these laws. These paragraphs will also provide for a conclusion that
may be inferred from the situation.
An employer is justified in dismissing an employee under certain grounds mentioned in
the employment laws prevailing in Ireland. In case the employee has been incompetent in
performing his duties for which he has been hired initially, the employer is justified in
dismissing such an employee, however an ample amount of chance should be given to the
employee to improve himself. The employer is also justified in dismissing an employee in
case the employee is not adequately qualified for the job he has been performing in the
company. An incapacity of the employee in performing the job he has been hired to perform,