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Employment

Appeals Tribunal
Kevin Campbell
Maggie Rek
History
Founded in 1967 as Redundancy Appeals Tribunal
o Redundancy Payments Act, Section 39
Renamed Employment Appeals Tribunal
o Unfair Dismissal Act, Section 18
Makes ruling on cases under 19 different acts and two
statutory instruments
"EAT is also an appellate body adjudicating on appeals of
recommendations or decisions made by Rights
Commissioners, another employment rights body, under 12
pieces of employment rights legislation" (Hann and Teague, 5)




http://eid.sagepub.com/content/early/2011/09/20/0143831X11419249.full.pdf
Members
One full time chairperson
24 vice-chairpersons
80 other members
o 40 elected by Irish Congress of Trade Unions
o 40 from Irish Business and Employers
Confederation
Hearings
o consist of one chair/vice-chair
o two members
o consist of questionings and testimonies
under oath
o subpoenas
Unfair Dismissal Act
Written in 1977
Defines Unfair dismissal
Appropriate action to redress unfair
dismissal
Employees between age 16 & "normal
retirement age"
o Must have 12 months continuous service
3 forms of dismissal
o Unilateral termination
o Resignation of employee, where employee feels
employer forced the resignation
o When a contract for specific purpose ends

Fair Dismissal
Capability
Competence
Quality
Qualification
Redundancy
Employers Procedure
Must prove that termination was fair
Also must show that proper procedure was used in
dismissal
o State intention for dismissal
o provide reasonable grounds for dismissal
Must give employee right to reasonably defend themself
o sometimes circumstances of misconduct make it not
a fireable offense
Employer must have reasonable grounds not
necessarily hard evidence
Must have adequate investigation into claims on
employee
Must be appropriate punishment for actions

Investigation
Must be done by employer to show firing
was fair
Must be done t leave no doubt the right
decision was made
Employee must have been aware of
situation, given a chance to refute the
claims, and given proper representation
If this is not done, firing will likely be found to
be unfair
Unfair Dismissal Qualifications
Automatically unfair dismissal
o Section 6(2) of 1977 Act & 5 of 1993 act
o Membership of or activity on behalf of a trade union
o Religious or political opinions
o Age, race, colour
Excluded
o Termination of fixed term or specified purpose
contract provided
It is in writing
It explicitly excludes legislation
It is signed by both parties
o Family members
o Garda or defense forces

Unfair Dismissal definition

" The dismissal of an employee shall be
deemed, for the purpose of this Act, to be an
unfair dismissal unless, having regard to
all the circumstances, there were
substantial grounds justifying the dismissal
section " (Section 6.1)

Constructive Dismissal
According to Section 1 of the Unfair Dismissals Act a
constructive dismissal can be defined as

the termination by the employee of his contract of
employment with his employer, whether prior notice of the
termination was or was not given to the employer, the
employee was or would have been entitled, or it was or
would have been reasonable for the employee, to terminate
the contract of employment without giving prior notice of
the termination to the employer..


Byrne v. RHM Foods
constructive dismissal

- Example of harassment and bullying case
- Byrne, constructively dismissed due to lack of work
- Withdrawn and isolated from other managers
- Key to filing cabinet taken from her
- Telephone cut off

Conclusion
Direct claims can be made to the Tribunal under the
following acts:

1. Redundancy Payments Acts, 1967 - 2003.

2. Minimum notice in terms of Employment Acts, 1973 -
2001.

3. Unfair Dismissals Act, 1997 - 2001 and Organisation of
Working Time Act, 1997.

Bibliography
http://eid.sagepub.com/content/early/2011/0
9/20/0143831X11419249.full.pdf
http://www.eatribunal.ie/en/intro/about_overv
iew.aspx
http://www.citizensinformation.ie/en/employ
ment/enforcement_and_redress/employment
_appeals.html
Ind Law J,December 2005;34:308 - 330
http://books.google.com/books?id=RQDqhq
Wa2eQC&pg=PA152&lpg=PA152&dq=futty+
v+brekkes+case+number&source=bl&ots=C
DtSZpXD6Z&sig=mie1fMin5EVqwyPLWN7s
_PzZDIo&hl=en&sa=X&ei=1_ZZUbD1DeOR
2wXMt4GADw&ved=0CDsQ6AEwAQ#v=on
epage&q=futty%20v%20brekkes%20case%
20number&f=false

http://books.google.com/books?id=lUJZ3_V6
MukC&pg=PA358&lpg=PA358&dq=futty+v+
brekkes+ruling&source=bl&ots=0NYG6qgvb
k&sig=fS3j1u_JA6byfcPI0N4MCHXvCMo&hl
=en&sa=X&ei=RflZUY76BaPE2gW4i4CQBw
&ved=0CEsQ6AEwBA#v=onepage&q=futty
%20v%20brekkes%20ruling&f=false
http://www.irishstatutebook.ie/1977/en/act/pub/0010/sec00
06.html
Sheehan Sharon,"Constructive dismissal- A last Resort
Remedy", Certified Public Accounts