IRELAND Law and Practice Contributed by: Philip Tully, Emma Doherty, Geraldine Carr, Simon Shinkwin and Carlo Salizzo, Matheson LLP
4.4 Termination of Employment Contracts
It varies from one week, applicable where an employee has been employed for up to two years, to eight weeks′, applicable where an employee has been employed for 15 years and more. Employees, on the other hand, are only obliged to give notice of one week, irrespective of their length of service. However, these are only the minimum periods. A contract of employment may specify a longer notice period on either side, and it generally does, with notice periods typically ranging from one to six months depending on the seniority of the role. There is no requirement to pay an employee severance in the event of dismissal unless it arises because of redundancy. PEA procedures The Protection of Employment Acts 1977 to 2014 (PEA) prescribe the procedures to be fol - lowed in a collective redundancy. Employers must initiate consultation at the earliest oppor - tunity and, in any event, at least 30 days before the first notice of dismissal is given. Where an employer effects collective redundancies, they must, with a view to reaching an agreement, initi - ate consultation with employee representatives in relation to matters such as the possibility of avoiding or reducing the proposed redundancies and the basis on which it will be decided which particular employees will be made redundant. The PEA require employers to provide employee representatives and the Minister for Enterprise, Trade and Employment with certain written infor - mation, such as the proposed number of redun - dancies and a description of the employees the employer proposes to make redundant. The Minister must also be notified of the proposals at least 30 days before the first notice of redun - dancy is given.
An employer can, under common law, terminate an employment contract without cause, provid - ed this is in accordance with the terms of the contract. Notwithstanding any express contrac - tual right to terminate, employees are afforded statutory protection against unfair or discrimina - tory dismissal. Under the Unfair Dismissals Acts 1977 to 2015 (UDA), an employer cannot lawfully dismiss an employee unless substantial grounds exist to justify termination. An employer must also be able to establish that fair procedures have been followed before the dismissal. Subject to certain exceptions, employees must have at least 12 months’ con - tinuous service to qualify for protection under the UDA. Generally, a dismissal will only be justified if it is based on one of the following grounds. • The capability, competence or qualifications of the employee for the work concerned. • The conduct of the employee. • The redundancy of the employee. • The employee is prohibited by law from work - ing or continuing to work (eg, not holding a valid work permit where one is required). If one of these grounds cannot be established, there must be other substantial grounds to jus - tify the dismissal. Ending a Contract of Employment Where an employee or an employer wishes to end a contract of employment, minimum periods of notice apply where an employee has been in continuous service for at least 13 weeks. The notice period to be given by an employer depends on the employee′s length of service.
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