cannot bring unfair dismissal case - employed 10 months any suggestions

M

McGann

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My friend has been sacked, his union believe he has a case for unfair dismissal -

He employed 10 months - needs to be 12 months to bring a case.

anyone suggest any other route he could take - he does not have much money to seek the services of a solicitor.

any suggestions appreciated.
McGann
 
What case do the union thing he has ?


There are very limited in the first 12 months.
 
Within the first 12 months of employment, an employee can be let go - except in very limited circumstances.

Otherwise, an employer does not have to give any reason.

End of.

mf
 
could he not search for a "no win no fee" solicitor willing to take the case?
 
Why on earth would he need to do that? If his union believes the employer has a case to answer, would they not take the case on his behalf and front the legal fees?

What are unions for if not workers' rights or was that only up to the time the union leaders started joining boards of directors as part of the Cosy Cartel Culture?
 
well said, union should be fighting his case, thats what he pays union fees for isn't it....that said there are very few circumstances that he has a case in
 
I think he should move on. 10 months is not a lot of time in any job and unfair or not he obviously rubbed someone up the wrong way.
 
the union can take a claim under the "trade dispute" claim provisions of the Industrial Realtions Acts. Its a voluntary process but depending on the employer, they may agree to go (public service and large employers like banks usually do go).

Apart from that unless it was pregnancy related or on discriminatory grounds there is nothing you can do. A wrongful dismissal claim can be taken to the Circuit or High Court but that is pointlessly expensive and likely to lose. I doubt its discrimitory given that nothing was mentioned on that front in your post.

he should have received payment for untaken hols and his notice. If he didn't have a written contract, he can claim before the Rights Commissioner for 4 weeks under the Terms of Employment (Information) Act.

All in all, I think i'd be saying, 10 months, move on, leave it.
 
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