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How to dismiss an employee
The requirements for a lawful dismissal
In order to be lawful, the dismissal of an employee * must be substantively justified, and * must be conducted in a procedurally fair manner
In order to be substantively justified, there must be a genuine reason for a dismissal. The requirements of procedural fairness may vary depending on the circumstances; for example, in serious cases the employer will be justified in dismissing the employee without first giving a warning (see below).
If an employer issues a warning or dismisses an employee unlawfully, an employee can lodge a personal grievance claim with the Employment Relations Authority. The employee can be awarded lost wages and damages for distress. See How to defend a personal grievance claim brought by an employee.
The Employment Relations Service in the Department of Labour can provide information and mediation services to help deal with employment problems. Contact them on 0800 800 863. In order to be substantively justified, there must be a genuine reason for a dismissal. The requirements of procedural fairness may vary depending on the circumstances; for example, in serious cases the employer will be justified in dismissing the employee without first giving a warning (see below). The test of whether the dismissal was justifiable and the procedure was fair is an objective one - namely, whether it meets the standard of what a fair and reasonable employer would have done.
Dismissal without notice for serious misconduct ("summary dismissal")
If there has been serious misconduct, a summary dismissal will be justified – that is, the employee can be dismissed without receiving any earlier notice or warning. However, the dismissal must still be procedurally fair (see below for the general rules of procedural fairness). Examples of serious misconduct include: * theft or some…...

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