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Outline three grounds for fair dismissal under the terms of Unfair Dismissals Act 1977/93 - Leaving Cert Business - Question 9 - 2012
Question 9
Outline three grounds for fair dismissal under the terms of Unfair Dismissals Act 1977/93. (i) (ii) (iii)
Worked Solution & Example Answer:Outline three grounds for fair dismissal under the terms of Unfair Dismissals Act 1977/93 - Leaving Cert Business - Question 9 - 2012
Step 1
Incompetence on the part of the employee.
Answer
One ground for fair dismissal is incompetence, where the employee demonstrates a lack of ability to fulfill the required duties effectively. This may manifest as poor work performance or failure to meet established targets, leading the employer to conclude that the employee is not suitable for their role.
Step 2
Qualifications (misrepresentation by the employee).
Answer
Another valid ground for dismissal involves misrepresentation regarding qualifications. If an employee falsely represents their technical or professional qualifications that are essential for their role, the employer may have just cause for dismissal as the employee has misled the employer about their capabilities.
Step 3
Misconduct by the employee.
Answer
Misconduct is a significant ground for fair dismissal, referring to unacceptable or improper behavior exhibited by the employee. This includes actions such as theft, substance abuse, or violence in the workplace, which can justify dismissal due to a breach of the expected conduct standards.