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List any FOUR grounds upon which a dismissal will be presumed to be automatically unfair, pursuant to the terms of the Unfair Dismissals Act 1977-2015

Question

List any FOUR grounds upon which a dismissal will be presumed to be automatically unfair, pursuant to the terms of the Unfair Dismissals Act 1977-2015

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Solution

Under the Unfair Dismissals Act 1977-2015, a dismissal will be presumed to be automatically unfair if it is based on any of the following four grounds:

  1. Trade Union Membership or Activity: If an employee is dismissed for being a member of a trade union or participating in trade union activities, this would be considered automatically unfair.

  2. Religious or Political Beliefs: Dismissal based on an employee's religious or political beliefs is automatically unfair.

  3. Pregnancy, Giving Birth or Breastfeeding: Dismissal on the grounds of pregnancy, giving birth, breastfeeding or any matters connected with pregnancy or birth is automatically unfair.

  4. Availing of Rights under Legislation: If an employee is dismissed for exercising or proposing to exercise their rights under legislation, such as maternity leave, paternity leave, carer's leave, etc., this would be considered automatically unfair.

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