In every case where an employee makes an Unfair Dismissal claim, the onus is on the employer to show that the dismissal was not unfair. You could say it is a case of being guilty until proven innocent. The majority of Unfair Dismissal cases which are lost by employers are lost, not because the individual didn't deserve to be dismissed, but because the proper procedures weren't followed by the employer.
This one day workshop is designed for employers who need to expand their knowledge of the procedures to be adopted when dismissing an employee and defending any subsequent allegation of unfair dismissal. The costs and compensation awards associated with an unfair dismissal being proven against an employer can have a catastrophic financial effect on the employer's ability to continue trading as well as the adverse effect of bad publicity.
This workshop has been organised using a participant based approach and includes relevant case studies and up to date case law. It is based on the current awareness and practice within the legal environment. The workshop will address the following relevant areas of Unfair Dismissals:
- The Legislation
- To whom does it apply?
- Employees who are excluded
- Types of dismissal
- What are the different types of dismissal?
- Fair grounds for dismissal
- Unfair grounds for dismissal
- How does a "fair dismissal" turn into an "unfair dismissal"
- Unfair dismissals and fixed term contracts
- The burden of proof and its implications for employers
- Dismissing an employee within the law
- The most common mistakes made by employers
- Are there adequate Grievance and Disciplinary procedures in place?
- Defending any allegation of an unfair dismissal
- The forums of redress available to dismissed employees
- What are the remedies for unfair dismissals?
- What are the costs of an unfair dismissal?
- Appeal process to a finding of unfair dismissal
- The setting up of correct dismissal procedures
This workshop will give delegates an invaluable insight and understanding of the manner in which dismissals should be handled. It will provide them with the required knowledge to greatly assist their employer in avoiding any claim for unfair dismissal and where such claim does arise, in ensuring that all practical and relevant measures have been taken to successfully defend any such claim.
This extremely important and relevant course is being delivered by Employment Law specialist Derek Ryan BL. Derek is a practicing barrister who has extensive experience in employment law matters. He has represented numerous organisations and individuals at hearings of the Rights Commissioners and the Employment Appeals Tribunal. Derek is the Senior Law Lecturer of IPASS and is the legal editor of The IPASS book.
Attendance at this seminar may qualify for 7 CPD/CPE hours for members of the Institute of Chartered Accountants in Ireland, the Association of Chartered Certified Accountants, the Institute of Certified Public Accountants in Ireland, the Irish Taxation Institute, the Law Society; Accounting Technicians Ireland and other professional bodies.
Courses run from 10.00am - 4.30pm - tea/coffee on arrival. mid-morning & mid-afternoon and lunch will be provided.