Termination of Employment

Chapter 1: The Institutional Framework Rights Commissioner Employment Appeals Tribunal Equality Tribunal Labour Court National Employment Rights Authority Circuit Court High Court Practical Issues for Employers to consider in respect of each Forum Chapter 2: Minimum Notice and Terms of Employment Acts 1973-2005 Purpose Application Notice Period Continuous Service Computable Service What Constitutes Pay? Notice to Employers Waiver and Payment in Lieu of Notice No Entitlement to Notice Minimum Notice and the Payment of Wages Act 1991 Leave and Minimum Notice Extending the Notice Period Rights and Duties of Employees During the Notice Period Notice must be Specific Withdrawal of Notice Disputes and Redress Wrongful Dismissal and Notice Minimum Notice and Redundancy Minimum Notice in Practice Chapter 3: Unfair Dismissal Preliminary Requirements Exclusions Onus of Proof Unfair Dismissals Dismissals in accordance with Acts other than the Unfair Dismissals Act Fair Dismissals Constructive Dismissal Surveillance of Employees/use of Private Investigators Importance of Procedures Reasonableness of the employer's decision Resignation Followed by Unilateral Withdrawal Remedies Compensation Unfair Dismissal in Practice Forms Chapter 4: Fair Procedures and Natural Justice: Investigations and Disciplinary Hearings in the Workplace Procedural Fairness Investigations Distinction Between Informal and Formal Investigation Independent Investigators Disciplinary Hearings Chapter 5: Redundancy Statutory Definition of Redundancy Entitlement to a Redundancy Payment Disentitlement to a Redundancy Payment Calculation of Statutory Entitlement Collective Redundancies Redundancy and Unfair Dismissal Practical Considerations Chapter 6: Taxation of Lump Sum Payments Introduction Part I Taxation of Lump Sums (excluding Settlements and Awards payable in Employment Cases) Lump Sum Payments exempt from Tax Lump Sum Payments that qualify for Tax Relief Available Tax Relief Taxation of Lump Sums by Employers Time Limits for claiming Tax Reliefs Part II Taxation Exemption for Settlements and Awards in Employment Cases Introduction Exemption Practical Advice for Employers Part III Tax Treatment of Legal Fees in Employment Cases Payment by an Employer of Legal Fees in Disciplinary or similar Investigation Cases where Employment has not been terminated Payment by an Employer of Legal Fees in Disputes concerning Employees or Directors where Employment has been terminated Chapter 7: Wrongful Dismissal and the Employment Injunction Introduction Wrongful Dismissal and Unfair Dismissal Wrongful Dismissal and the Industrial Relations Acts The Employment Injunction Interlocutory Injunctions in Employment Cases - Their Development When will an Employment Injunction be granted? When will an Injunction not be Granted? Practical Considerations - Proceedings for Injunctive Relief Chapter 8: Discriminatory Dismissal and Dismissal and the Employment Equality Legislation Introduction Employment Equality Acts 1998 and 2004 Prohibition of Discrimination Sexual Harassment and Harassment Victimisation Vicarious Liability Practical Considerations Chapter 9: Dismissal and Employer Insolvency Introduction Purpose of The Insolvency Act Insolvency Legislation What Employees are covered? Employee Entitlements Payment Employer Insolvency in Practice Chapter 10: Protected Disclosures [NEW CHAPTER]