I have worked in the agricultural industry for a number of years for a large company. I have been having difficulties with my employment for the last six to eight months. I raised some health and safety issues with my employer which prompted them to arrange meetings with me and I was placed on a Productivity Improvement Program (PIP) which led to more meetings and now they are dismissing me. I feel I have been unfairly penalised because I raised these health and safety issues. What are my legal options and can I sue my former employer?
Dear reader,
Yes, I believe you could potentially make a claim to the Employment Relations Commission for unfair dismissal and a fine.
The governing legal provision relevant to this scenario is the Unfair Dismissals Acts 1977–2015.
Firstly, it should be noted that there are automatic grounds for unfair dismissal, including the following: i) Age ii) Religion iii) Race iv) Membership of a particular trade union or v) Pregnancy. From the information you have provided, it appears that none of these grounds apply to your situation.
If an employee feels they have been unfairly dismissed, they can make a claim to the Workplace Relations Commission. This must be done within six months of the date of dismissal and usually requires 12 months of continuous employment to make a claim. Your employer will have to prove to the WRC that the dismissal was fair and that there are grounds for fair dismissal, which are set out in section 6 of the 1977 Act. The four main grounds are: i) The employee’s ability, competence, skills, ii) The employee’s conduct iii) The employee’s redundancy iv) Breach of law.
If you are successful in your unfair dismissal claim, you may be ordered to be reinstated or receive financial compensation for your loss of earnings. Your employer must prove that the dismissal was not an automatic ground, but a fair dismissal ground, and show that they followed fair and proper procedures when dismissing you. This is often the downfall of employers in WRCs, as fair procedures were not followed.
There can be no bias on your part in making the decision, and the dismissal must be proportionate to the misconduct. The employee must be given the right to appeal the decision to terminate the employment relationship.
It is important that all employers follow the correct legal procedures when dismissing an employee and if they do not follow the correct procedures there is a risk that the dismissal will be considered unfair. You should check whether your employer has a disciplinary and grievance procedure which should be attached to the employment contract and check whether this procedure has been followed.
The Protected Disclosures Act 2014, as amended by the Protected Disclosures (Amendment) Act 2022, provides a legislative framework to protect employees who raise concerns about relevant offences in their workplace from dismissal, fines or other sanctions by their employers. A protected disclosure is defined in section 5 of the 2014 Act as a disclosure by an employee of information that the employee reasonably believes tends to indicate one or more relevant offences that have come to the employee's attention in a work-related context and is disclosed in an orderly manner. Section 12 of the Act prohibits an employer from punishing or threatening to punish an employee for making a protected disclosure. In respect of penalties, you may apply to the District Court for temporary relief within 21 days immediately following the date of the employer's last penalty action, and a claim for penalties may also be brought before the Labour Relations Commission within six months of the date of the complaint for penalties.
Stephen Coppinger is a solicitor practising with Walsh & Partners, Solicitors and Commissioners for Oaths, 17, South Mall, Cork.
– Email: info@walshandpartners.ie – Internet: www.walshandpartners.ie
While we make every effort to ensure the accuracy of the information contained in this article, Attorney Stephen Coppinger accepts no liability for any errors or omissions that may arise for any reason and you should seek legal advice as soon as possible regarding your particular circumstances.