How long do I have to make an employment claim in Ireland?
2 minute read
When it comes to employment disputes, being aware of the general timelines for legal action is important. This article aims to provide a broad overview of the limitation period that applies when considering an employment claim in the Republic of Ireland.
It’s important to note that while this guide offers a general understanding, individual circumstances can vary and seeking personalised advice is always recommended. Contact Us to speak with a solicitor.
The limitation period (or time limit) for employment claims in Ireland
In the Republic of Ireland, the standard time limit for bringing most employment claims to the Workplace Relations Commission (WRC) is six months from the date of dismissal. This period can be extended to a further six months, but only if there is a reasonable cause for the delay.
It is important to note that these time limits are strictly adhered to and exceptions are not easily granted.
Understanding “Reasonable Cause”
The concept of reasonable cause is applied objectively, but it must be considered in light of the claimant’s knowledge and circumstances at the relevant time. The claimant must demonstrate that the delay was due to reasons that are both logical and excusable.
The length of the delay is also a factor, with longer delays requiring more substantial justification.
Common pitfalls leading to missed deadlines
Many individuals miss the deadline due to common errors or misconceptions, such as:
- Lack of awareness of their right to make a claim.
- Underestimating the validity of their claim until persuaded by others such as family members, colleagues and union representatives.
- Procrastination due to a busy schedule.
- Believing there is no time limit to initiate a claim.
The importance of time limits in employment claims
Time limits serve to ensure that claims are resolved while evidence and testimonies remain current. Delaying a claim can result in the deterioration of evidence and make the pursuit of justice more challenging. It is also unfair to allow the threat of a claim to linger indefinitely over employers.
Addressing employment disputes can be daunting, but being aware of the time constraints is crucial in protecting your rights. If you feel you have been wronged at work, you should take action without delay.
We are employment law experts with offices in Dublin, Wicklow & Wexford
Augustus Cullen Law provides expert consultations to evaluate your employment claim. Even if you are unsure, it is worthwhile to seek professional advice. Learn more about our services at Employment Law or Contact Us to speak with a solicitor.