Date Of Dismissal – A Complex Issue

Introduction

The "date of dismissal" issue has come before the WRC for determination on a number of occasions, where an employee seeks recourse to the Unfair Dismissals Acts (the "Acts") but must have 12 months continuous service, to do so. The question that frequently arises in this context is the part played by notice, particularly where it is paid in lieu. Does the date of dismissal arise on the date notice was given, or when the notice period would have expired?

Earlier decisions determined that the date of dismissal was the date on which the notice would have expired. In Kinzinger v Marketo Emea Limited [2016] 6 JIEC 2801 there was a clause in the contract of employment which stated that once the employer exercised its right to pay the employee in lieu of notice, the employment terminated immediately, and the employee was not entitled to any further benefits. The EAT found that this clause did not operate to circumvent the strict notice requirements in