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Dismissal


Irish Minimum Notice and Unfair Dismissal Legislation

Minimum Notice

The Minimum Notice Act, 1973 to 2001 provides that every employee who has been in the employment of his/her employer for at least 13 weeks is entitled to a minimum period of notice before that employer may dismiss him or her.

This period varies from one to eight weeks according to the length of service. An employer who is unable to provide the appropriate minimum notice may pay notice in lieu to the employee. An employee's minimum notice entitlement is as follows:
  • 13 weeks but less than 2 years service = one week notice;
  • two years but less than five years = two weeks notice;
  • five years but less than ten years = four weeks;
  • ten years but less than fifteen years = six weeks;
  • more than fifteen years = eight weeks notice.
An employee who has 13 weeks service with his/her employer is obliged to give one week's notice to his/her employer when resigning, unless there is a written contract of employment that provides otherwise.

Unfair Dismissals

The Unfair Dismissals Acts, 1977 to 2005 outlines rights and procedures in the event of dismissal from work. Generally, an employee must have at least 12 months continuous service with his/her employer before he/she is entitled to bring a claim for unfair dismissal under the Acts. For agency workers, the employer for the purposes of unfair dismissal is the user company - not the employment agency.

The above Act also covers part time employees who may work less than 8 hours per week for an employer, (and obviously all other part time workers).


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