Challenging an unfair dismissal
If you have been dismissed from your job, you may be able to bring a claim for unfair dismissal to the Workplace Relations Commission (WRC). A dismissal is presumed to be unfair unless the employer can show substantial grounds justifying it, such as conduct, capability, competence, redundancy, or another substantial reason. Certain dismissals – for example for pregnancy, trade union membership, or making a protected disclosure – are automatically unfair.
Key facts
Deadline
A claim for unfair dismissal must be lodged with the Workplace Relations Commission within 6 months of the date of dismissal. This period may be extended to 12 months where the adjudication officer is satisfied that the delay was due to reasonable cause.
What to do
- Confirm the effective date of dismissal – this starts the clock for the time limit.
- Check that you qualify: you generally need at least 12 months' continuous service, although this requirement does not apply to dismissals that are automatically unfair (e.g. pregnancy, trade union activity, protected disclosure).
- Request your dismissal reason and any relevant documents from your employer in writing.
- Gather evidence: contract, disciplinary records, warnings, correspondence, and details of any procedure that was or was not followed.
- Consider whether fair procedures were followed – lack of a fair process is a common ground for a finding of unfair dismissal.
- Lodge a complaint with the WRC using the online complaint form within the time limit.
- Prepare for an adjudication hearing; remedies can include compensation, reinstatement, or re-engagement.
What to watch out for
- Missing the 6-month time limit can bar your claim unless you can show reasonable cause for an extension.
- If you do not have 12 months' service and the dismissal is not automatically unfair, you may not be able to use the unfair dismissals procedure.
- Compensation for unfair dismissal is based on financial loss, so you are expected to try to mitigate your loss by seeking new work.
- You cannot generally pursue both an unfair dismissals claim and a common-law wrongful dismissal action for the same dismissal.
Legal basis
Frequently asked questions
How long do I have to make a claim?
You must bring your claim to the WRC within 6 months of your dismissal. In limited circumstances this can be extended to 12 months if you had a reasonable cause for the delay.
Do I always need 12 months' service?
Usually yes, but the service requirement does not apply where the dismissal is automatically unfair – for example dismissal connected with pregnancy, trade union membership or activity, or making a protected disclosure.
What can I be awarded?
The main remedy is compensation for financial loss caused by the dismissal, up to a statutory maximum of two years' remuneration. The WRC can also order reinstatement or re-engagement.