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Distinguish between fair dismissal and constructive dismissal. - Leaving Cert Business - Question 8 - 2020
Question 8
Distinguish between fair dismissal and constructive dismissal.
Worked Solution & Example Answer:Distinguish between fair dismissal and constructive dismissal. - Leaving Cert Business - Question 8 - 2020
Step 1
Fair Dismissal
Answer
Fair dismissal occurs when an employee is terminated from their position for valid reasons such as misconduct, redundancy, or incompetence. This type of dismissal adheres to the guidelines outlined in the Unfair Dismissals Act 1977/2015, ensuring that the employer follows due process. Essentially, fair dismissal means that the employer has provided a legitimate justification for the termination of employment.
Step 2
Constructive Dismissal
Answer
Constructive dismissal transpires when an employee feels compelled to resign because their working conditions have become intolerable. This situation could arise from the employer's actions that fundamentally breach the employment contract, making it impossible for the employee to continue. In such cases, the onus is on the employee to demonstrate that their resignation was justified and that they should receive the same entitlements as an unfairly dismissed employee.