Unfair Dismissals Act 1977

Alternative remedies of employee.

15

15. (1) Nothing in this Act, apart from this section, shall prejudice the right of a person to recover damages at common law for wrongful dismissal.

F72 [ (2) Where a F73 [ decision has been made by an adjudication officer ] in respect of a claim by an employee for redress under this Act F74 [ ] , the employee shall not be entitled to recover damages at common law for wrongful dismissal in respect of the dismissal concerned.

(3) Where the hearing by a court of proceedings for damages at common law for wrongful dismissal of an employee has commenced, the employee shall not be entitled to redress under this Act in respect of the dismissal to which the proceedings relate. ]

(4) A person who accepts redress awarded under section 9 or 10 of the Anti-Discrimination (Pay) Act, 1974, in respect of any dismissal shall not be entitled to accept redress awarded under section 7 of this Act in respect of that dismissal and a person who accepts redress awarded under the said section 7 in respect of any dismissal shall not be entitled to accept redress awarded under the said section 9 or 10 in respect of that dismissal.

Annotations:

Amendments:

F72

Substituted (1.10.1993) by Unfair Dismissals (Amendment) Act 1993 (22/1993), s. 10, commenced as per s. 17(4).

F73

Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 80(1)(l)(i), S.I. No. 410 of 2015, subject to transitional provisions in subss. (1A) and (2).

F74

Deleted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 80(1)(l)(ii), S.I. No. 410 of 2015, subject to transitional provisions in subss. (1A) and (2).