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Unfair Dismissal – Date of Dismissal?


This case highlights a very basic but important point in unfair dismissal claims that there has to be an actual dismissal for a claim to arise.

In this case there was ambiguity around whether a text message sent by the CEO of the company to the employee was in fact a dismissal. The behaviour of the parties after the message indicated it was not a dismissal as the employee subsequently confirmed she was on sick leave however she then tried to use this text message as the date on which she was dismissed for the purposes of an unfair dismissal claim.

The claim failed but the employee managed to secure a role shortly after she in fact left and her losses for the purposes of a constructive dismissal claim were minimal in any event.

https://www.workplacerelations.ie/en/cases/2019/october/adj-00017746.html


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