Section 15 of the Unfair Dismissals Act 1977 – Alternative remedies of employee
Revised Act prepared by the Law Reform Commission, updated to 3 July 2023. Amendments made after that date are not included.
(1)Nothing in this Act, apart from this section, shall prejudice the right of a person to recover damages at common law for wrongful dismissal.
(2)Where a decision has been made by an adjudication officer in respect of a claim by an employee for redress under this Act …, the employee shall not be entitled to recover damages at common law for wrongful dismissal in respect of the dismissal concerned.
(3)Where the hearing by a court of proceedings for damages at common law for wrongful dismissal of an employee has commenced, the employee shall not be entitled to redress under this Act in respect of the dismissal to which the proceedings relate.
(4)A person who accepts redress awarded under section 9 or 10 of the Anti-Discrimination (Pay) Act, 1974, in respect of any dismissal shall not be entitled to accept redress awarded under section 7 of this Act in respect of that dismissal and a person who accepts redress awarded under the said section 7 in respect of any dismissal shall not be entitled to accept redress awarded under the said section 9 or 10 in respect of that dismissal.
Provisions referred to
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