Fired or unfairly dismissed
If you’ve been fired unfairly you can bring a personal grievance against your employer, but not if you’re within a 90-day trial period.
Being fired and when it's unfair
If the process to fire you hasn’t been handled properly or the reason you’ve been fired isn’t valid, you can claim a personal grievance against your employer.
The right process to fire someone
Your boss must follow a fair process and have a good reason to fire you.
A personal grievance is a kind of complaint an employee can bring against an employer. You can file a personal grievance if you think you've been unfairly fired — known as unjustified dismissal.
Being fired during a trial period
Your employer can fire you without giving reasons or warnings if you’re within a 90-day trial period.
Forced resignation or constructive dismissal
Constructive dismissal is when you resign because your employer has made work unbearable for you or pressured you to resign.
Who can help?
If you think you’ve been unfairly fired, get some advice on what to do.
If you belong to a union, you can get help from them when you have a problem at work.
Citizens Advice Bureau
You can drop in, phone, or email the Citizens Advice Bureau for free advice about problems at work.
Their website has information about resolving employment disputes and other problems at work.
Community Law centres offer free legal information and advice to people who can't afford to see a lawyer privately. If you're eligible, they may be able to:
- offer ongoing legal assistance
- help you with mediation
- represent you at the Employment Relations Authority or court.
Employment Mediation Services
Mediation is free and private. Nothing said in mediation can be used later on if your problem goes to the Employment Relations Authority.
Employment Relations Authority
If mediation hasn’t worked, you can bring your work problem to the Employment Relations Authority.
If you’re unhappy with the Employment Relations Authority’s decision, you can ask the Employment Court to take your case. You have to do that within 28 days of the decision.