Redmond on dismissal law / Desmond Ryan.

Format:

Book

Author/Creator:

Ryan, Desmond (Barrister-at-law), author.

Language:

English

Subjects (All):

Employees--Dismissal of--Law and legislation--Ireland.

Employees.

Labor laws and legislation--Ireland.

Labor laws and legislation.

Physical Description:

1 online resource (732 pages)

Edition:

3rd ed.

Place of Publication:

Dublin, Ireland : Bloomsbury Professional, [2017]

Summary:

This authoritative legal text by Dr. Desmond Ryan provides a comprehensive analysis of dismissal law in Ireland, exploring its evolution through common law and statutory frameworks. It addresses significant legislative developments, such as the Workplace Relations Act 2015 and the Protected Disclosures Act 2014, as well as landmark case law, including Edwards v Chesterfield. The book examines key topics like wrongful dismissal, employee rights, procedural fairness, and constitutional implications. It also analyzes remedies available under Irish law, including injunctions and judicial review. Aimed at legal practitioners, academics, and students specializing in employment law, this edition offers a detailed and updated resource for understanding the complexities of termination of employment in Ireland. Generated by AI.

Contents:

Cover

Half-title

Title

Copyright

Preface

Contents

Table of Cases

Table of Legislation

Chapter 1. Historical Development of the Law's Protection against Wrongful Termination of Employment

Introduction: the nature of the present work

A. Historical evolution of statute and of common law on termination of employment in Ireland

(1) Statute law

(2) The relation of master and servant at common law

(3) The common law action for wrongful dismissal

B. Individual employment rights and organised activity in Ireland

Chapter 2. Wrongful Dismissal

A. The evolving role of contract

B. The Constitution

C. Overarching principle?

Chapter 3. Identifying the Nature of Employment

A. Prevalence of contract

B. Employees

Mutuality of obligation

C. Office-holders

Respect and co-operation in the exercise of office

Incidental and consequential powers

D. Persons whose employment is regulated by statute

Chapter 4. Termination with or without Notice

A. Due notice of termination

(1) At common law

(2) Contracts apparently incapable of termination by notice

(3) Termination by mutual consent

(4) Statutory notice

(5) Employee resignation

(6) Statutory waiver or pay in lieu

(7) PILON

B. Lawful summary dismissal

(1) Grounds existing at the time of dismissal

(2) Grounds discovered subsequent to dismissal

Chapter 5. Wrongful Dismissal: Limitations in the Contract

A. Limitations in the contract: general

B. Breach of procedural limitations

C. Breach of an implied term of fairness

D. Breach of substantive limitations

E. Breach of implied terms

F. The mutual obligation of trust and confidence

(1) Characteristics.

(2) The implied obligation of mutual trust and confidence and the interaction between common law and statute regarding termination of employment

(3) Malik

(4) Johnson

(5) Ireland follows Malik and - less unambiguously - Johnson

(5) Eastwood

(6) Edwards v Chesterfield

(7) Rejection of implied term in Australian law: Commonwealth Bank of Australia v Barker

(8) Overarching term?

Chapter 6. Effect of Breach on Concept of Termination

A. Automatic or elective theory

B. Elective theory in Ireland

Chapter 7. Constitutional Justice

Introduction

A. Natural and constitutional justice

B. Audi alteram partem

(1) Right to be informed of the charge/given adequate notice of an inquiry

(2) Oral hearing

(3) Representation

(4) Confronting one's accusers

(5) Rights respected even if the plaintiff's conduct is unmeritorious

(6) Courts generally will not interfere

(7) No such thing as an open and shut case

(8) Tribunal or disciplinary panel receiving legal advice

(9) Civil standard of proof

C. Nemo iudex in causa sua

Probationers

Chapter 8. The Constitution and Dismissal

A. Constitutional actions inter partes

B. Infringement of constitutional provisions and dismissal

(1) Freedom of association

(2) Implied right to work

(3) Implied right to basic fairness of procedures

(4) Implied right to privacy

(5) Implied right to a good name

(6) Implied right to a speedy trial/not unreasonable length of suspension

C. Remedies under the Constitution

(1) Damages

(2) Other remedies

D. The Constitution and the European Convention on Human Rights

Chapter 9. Remedies: Judicial Review

A. Order 84

Other preliminary matters of relevance in an employment law context

B. Judicially reviewing dismissal-related decisions

Becker and subsequent case law

C. Remedies.

(1) Declaratory relief

(2) Damages as an alternative remedy

(3) Damages as an additional remedy

(4) Quantum of damages

(5) Certiorari

(6) Injunctions

D. Legitimate expectation

E. Double jeopardy

Chapter 10. Specific Performance, Injunctions and Declarations

A. Historical refusal of equitable remedies

B. Injunctions: overview

C. Interlocutory injunctions: principles

D. Exceptions to the general rule emerge in the UK

E. Developing jurisprudence in Ireland

Common characteristics where injunctions granted

(1) Alleged breach of a substantive limitation regarding termination in the contract

(2) Dismissal of office-holders with contracts of employment

(3) Alleged breach of a procedural limitation in the contract and/or of implied term of fairness

Common characteristics where injunctions have not been granted

(1) Investigations/reports on the facts

(2) The relationship between statutory unfair dismissal and the employment injunction

F. Declaratory relief

Chapter 11. Damages arising from Wrongful Dismissal

A. General principles on which damages are awarded

B. Specific cases

(1) Breach of substantive limitations

(2) Breach of procedural limitations

C. Damages and the elective theory of repudiatory breach

D. Distress regarding manner of dismissal and injury to reputation

(1) Malik undermines Addis

(2) Johnson

(3) Repudiatory act and constructive dismissal

E. Pensions and perquisites

F. Liability to income tax

G. Social welfare benefits

H. Income continuance

I. The mitigation of loss

J. Termination of secondment agreement

Chapter 12. Statutory Unfair Dismissal

A. The need for legislation: background influences

B. The Unfair Dismissals Act 1977

(1) Basic principles

(2) The contract of employment.

Chapter 13. Reasonableness and the Employer's Role under the Unfair Dismissals Act

A. The employer's reason for dismissal

(1) Identifying the employer's reason

(2) Evidence of the employer's reason

B. Reasonableness of the employer's decision to dismiss

(1) Procedural v substantive justice

(2) Reasonableness of the employer's conclusion in the light of all the circumstances

C. The function of the Workplace Relations Commission: the band of reasonable responses test

D. The employer's disciplinary procedures

(1) The corrective approach

(2) The constructive approach

(3) General principles

(4) Warnings

(5) Inquiry and investigation

(6) Appeal

(7) Disciplinary procedures for non-union employees

(8) Disciplinary procedures for probationary employees

E. The effect of the European Convention on Human Rights Act 2003

Chapter 14. Involvement in Proceedings

Age

Pregnancy and Maternity and Paternity

A. Involvement in civil or criminal proceedings

B. Age

C. Protective leave entitlements

(1) General

(2) The impact of national and European anti-discrimination law

(3) Pregnancy

(4) Maternity

(5) Right to return to work and leave-related issues potentially pertaining to dismissal claims

(6) The effect of a more favourable agreement

Chapter 15. Capability, Competence or Qualifications, Contravention of Statute

A. Capability

(1) Ill health

(2) Alcoholism

B. Competence

C. Qualifications

D. Contravention of statute

Chapter 16. Conduct

A. General

(1) The common law

(2) 'Last straw' dismissals

B. Dishonesty

(1) Employee admission

(2) Employer suspicions regarding more than one employee

(3) Secret profits/false expenses

(4) Crimes outside employment

(5) Social welfare fraud.

C. Refusal to comply with an order/perform a task

D. Bad language

E. Physical injury to person or property, including horseplay

F. Harassment or bullying

G. Absenteeism

H. Alcohol-related conduct and drugs

I. Double-jobbing/loyalty and fidelity

(1) Second job

(2) Acting in competition with employer

(3) Confidential information

J. Grooming/personal hygiene

K. Poor attitude

L. Internet/email/social media abuse

M. Employer's rules

Chapter 17. Redundancy

A. Meaning

B. Need for proof

C. 'Wholly or mainly'

D. Strike or industrial action

E. Reorganisation

F. Redeployment

G. Change of employment status

H. Fairness

Chapter 18. Other Substantial Grounds

A. Introduction

(1) Employer's interests

(2) Third party pressure

(3) Reorganisations

B. Transfer of undertaking

(2) Regulation 5

(3) Employee objection to transfer

(4) Jurisdiction of the Workplace Relations Commission and the civil courts

(5) 'Transfer'- early uncertainty

(6) Change of contractors

(7) Collective Agreements

(8) Definition of 'transfer' in Regulations

(9) Transferor and transferee

(10) Termination of employment before the transfer date

(11) Contracting out of TUPE rights

(12) Economic, technical or organisational reasons for dismissal (ETO)

(13) Transfer of part of business or of group

(14) Post-transfer changes in terms and conditions of employment

Chapter 19. Constructive Dismissal

A. Definition

B. Two tests

(1) The contract test

(2) The reasonableness test

(3) Flexibility, mobility clauses

(4) Miscellaneous

C. Employment equality

D. Transfer of undertakings

Chapter 20. Protected Disclosures

A. Background

(1) Overall relevance of whistleblowing in Irish employment law.

(2) The legal basis for the protection of whistleblowers in Ireland.

Notes:

Includes bibliographical references and index.

Description based on print version record.

Description based on publisher supplied metadata and other sources.

Part of the metadata in this record was created by AI, based on the text of the resource.

ISBN:

1-5265-0721-8

OCLC:

1262372910