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Any dismissal under the Unfair Dismissal legislation is presumed to be unfair until the employer proves it was fair.

This places a heavy obligation upon the employer to ensure that before dismissing any employee they have followed proper procedures and the grounds for dismissal are reasonable.

Failure to prove a dismissal was fair will result in a Rights Commissioner/ Employment Appeals Tribunal awarding one of the following:

Compensation of up to 2 years salary
Reinstatement / payment of salary from date of dismissal
Reengagement / payment of salary from a date set by the tribunal

As an unfair dismissal may take up to one year to be heard in a tribunal any finding invovling compensation may be very costly.

MSS can provide guidance to employers before any dismissal takes place and can represent an employer where a claim is made.