Unfair Dismissal Claims – The importance of using full appeal procedures by employees*
In the case of Aryzta Bakeries and Vilnis Cacs UDD1812 is a decision of the Labour Court which has clarified the law relating to appeal procedures which employees must utilise.
The facts of the case themselves are interesting but the determination makes two important points. The Court found that there is an obligation on an employee to exhaust available internal procedures which the employee had failed to do.
The Court found that the failure to exercise a right of internal appeal was an issue to be taken into account effectively in determining whether an employee had been unfairly dismissed.
This is an important statement of the law. While the facts of this case are interesting the conclusions of the Labour Court are extremely important. This is a case which those interested in employment law do need to read.
*Before acting or refraining from acting on anything in this guide, legal advice should be sought from a solicitor.
*In contentious cases a solicitor may not charge fees or expenses as a proportion or percentage of any award or settlement.