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Unfair Dismissal (substantive protection of the act (reasonable responses,…

- - - - Foley dismissed for being in pub (family crisis) up to tribunal to see if response fell within reasonable responses
        
        Applied in Irish Law Care Worker v Care Services
- - - - if applied wages to end of contract
      - Glover v BLN 5 year contract dismissed after 2 years entitled to what he would have earned if employed for rest of time
  - - - actual loss
        
        loss of income between dismissal and date of hearing
      - prospective loss
        
        amount likely to earn after hearing
  - - - objection - if manner in way dismissal carried out breaches trust and confidence
- - - - Newcastle v Haywood when letter could reasonably have been read (on holiday, couldn't read letter until coming back)
      - s1 - when dismissed without notice - earliest date which complies with the provision
      - constructive employment - between dates of actual and legal dismissal
    - - constructive service
        
        MNTEA 1973 includes period of study leave, bereavement or employer agrees - no more then 26 weeks
        
        strikes not constructive service
    - - Kenny v Tegral can't be re-hired 3 weeks later just to avoid act- still continuous service
        
        generous interpretation of immediately
      - s2(5) can't dismiss to avoid the act
    - - Dymnika v Kylemore short interval between re-employment no problem in establishing continuity - 4 fixed term contracts, as soon as 1 ended new 1 began - continuous employment
  - - - Willoughby v CV Capital lenght of time matters before recantation (2 days) to much
      - Sovereign house security Services v Savage special circumstances (not real resignation) heat of the moment - interpret things in context
    - - s 1 is a dismissal
      - s 2(2) not applied where waiver allows for expiry of contract (in writing, provides act will not apply, signed by employee and employer)
      - restrictions on waiver devices
        
        in writing and signed
        
        O'Farrel v City of Dublincouldn't persuade employee to sign - strictly construed
        
        what must the clause say
        
        BoM Malahide v Conaty must be fully informed consent(losing valuable right ) -effect must be explained
        
        Dublin v Sheehy magic formula originally sufficient
        
        cannot be used more then once - Brennan
    - - s1(b) if breach reasonableness
      - breaching express duties
        
        rigby v Ferodo duty to pay
      - breaching implied duties
        
        Courtauld Northern Textiles v Andrew unreasonable circumstances
        
        trust and confidence
      - unsuccessful grounds
        
        Berber v Dunnes Stores cannot be on whimsical grounds, serious breach, standard of reasonable and sensible employee
        
        Buckland must respond promptly otherwise breach confirmed
        
        must exhaust internal remedies
        
        most claims fail due to this
        
        Buckland v Bournemouth Uni professor illegally censored for under marking, exonerated and given apology, repudiatory abuse not capable of being remedied by apology - legal effect immediately - at common law no obligation to seek cure in internal appeal
        
        exceptions
        
        Smith v Royal Sun Alliance announced on tv guilty of maladministration, ruined reputation no internal grievance procedure could remedy situation
        
        Independent Newspapers v Allen grounds of bullying, had used procedures before but ineffective