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Trial Delay for Unfair Dismissal

About 3 years ago I was issued with a claim for wrongful dismissal by a person not in my employ who was looking for €38,000.00. How long can this person keep the allegation going? It is affecting my ability to get other employees.

Reading between the lines it is clear that this listener believes he or she did not employ the claimant but there must be some relationship between them and I suspect that the listener hired this person as an independent contractor.  The claimant is now seeking the status of an employee or is taking a case for simple breach of that sub-contract.   Looking at the amount of the claim - €38,000.00  it looks like the case is being taken in the Circuit Court because that sum of money is the maximum amount of claim allowed for that Court.

 

The answer the listener’s question is very simple, get the case on to trial as quickly as possible and get it finished.   I am assuming the listener has a solicitor and barrister and they should ask for an immediate consultation and should sit down and plan out the time frame as best they can.  

 

Unfortunately in litigation cases, being a defendant means you may not have as much control as the plaintiff in bringing on a case for trial, however if the case is dragging on without reasonable excuse then the defendant can seek to control by bringing a Notice of Motion to the Court forcing the issues outstanding and looking for a trial date.

The issues raised in the answer to this NewsTalk listener's question are dealt with in a general way as can only be the case on live radio. Before relying on the advice given in this answer, whether you heard the broadcast or are for the first time reading the issues here please do not rely on the broad advice given. For a detailed professional opinion please consult a qualified legal advisor and for further details read our disclaimer on the Home Page.

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