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Unfair dismissal can be justified if the employer can prove the decision was based on the capability and or the competence of in the qualifications of the employee for the work they were employed to do, the employee's conduct, redundancy, or the fact that the continuation of the employment would contravene another statutory requirement. [7]
Transfer of Redundancy and Insolvency Payments from the Department of Enterprise, Trade and Innovation [14] 1 September 2017 Transfer of Labour Affairs and Labour Law from the Department of Jobs, Enterprise and Innovation [15] 2 September 2017 Renamed as the Department of Employment Affairs and Social Protection [16] 1 January 2018
It is an important part of UK labour law, protecting employees whose business is being transferred to another business. [3] The 2006 regulations replace the old 1981 regulations (SI 1981/1794) which implemented the original Directive. [4] The law has been amended in 2014 and 2018, and various provisions within the 2006 Regulations have altered. [5]
An employee who is dismissed may also have breach of contract claim(s), based on common law. Common law claim(s) may be brought in a county court. Employment tribunals are spread around the country, in most towns. The right to bring a case falls under Part X, Chapter 2, s.111. 111.— Complaints to employment tribunal
A less severe form of involuntary termination is often referred to as a layoff (also redundancy or being made redundant in British English). A layoff is usually not strictly related to personal performance but instead due to economic cycles or the company's need to restructure itself, the firm itself going out of business, or a change in the function of the employer (for example, a certain ...
"Redundancy" is a specific legal term in UK labour law with a definition in section 139 of the Employment Rights Act 1996: [19] see Redundancy in United Kingdom law. When an employer is faced with work of a particular type ceasing or diminishing at a particular location, [20] it may be perceived [by whom?] as obfuscation.
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Benedict McGowan and Others v Labour Court and Others [2013] 2 ILRM 276; [2013] IESC 21; [2013] 3 IR 718 is an Irish Supreme Court case, where an appeal was granted and the court made a declaration that the provisions of Part III of the Industrial Relations Act are invalid considering the provisions of Article 15.2.1 of the Constitution of Ireland. [1]