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Ireland
When Does Termination of Employment Take Effect?
Published on: 06/10/2015
Issues Covered:
Dismissal Discipline Health and Safety Contracts of Employment
Article Authors The main content of this article was provided by the following authors.
Antoinette Vahey Partner, RDJ LLP Ireland
Antoinette Vahey Partner, RDJ LLP Ireland
Antoinette vahey 2022

Antoinette is a Partner, practicing as part of the Employment law team. She brings practical and strategic legal advice to clients in a range of areas such as wrongful and unfair dismissal; discrimination; absenteeism and work related stress; performance management; temporary and contingent workers; collective redundancies; restrictive covenants and severance agreements.

Antoinette represents clients on employment claims in the Workplace Relations Commission, Labour Court and High Court together with gender discrimination claims in the Circuit Court.

Having qualified as a mediator with the Centre for Effective Dispute Resolution in 2013 (specialising in employment and workplace disputes), Antoinette is focused on expanding RDJ’s independent mediation offering to provide the best solution to our clients.

Antoinette is particularly interested in the areas of transfer of undertakings (TUPE ), Vetting and social media in the workplace and has spoken extensively at various events on legislative and other changes in those areas.

She also devises in-house training sessions and policies for clients in respect of grievance and disciplinary matters, dignity at work and social media.

A dismissed employee has elected to appeal the decision to terminate his employment for gross misconduct. He claims however that we cannot terminate his employment pending the appeal and that he remains an employee until the appeal has been determined. How do I handle it?

Antoinette Vahey writes:

It is important, in such circumstances, to consult your disciplinary procedure and contract of employment to ascertain the provisions regarding an appeal against a dismissal. 

The general position is that the effective date of dismissal will be the date on which the termination is communicated to the employee and not the date on which the employee is informed that an appeal against dismissal has failed. This principle was set down in the

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 06/10/2015
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