Unfair Dismissals Act, 1977
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Exclusions. |
2.—(1) This Act shall not apply in relation to any of the following persons: | |
(a) an employee (other than a person referred to in section 4 of this Act) who is dismissed, who, at the date of his dismissal, had less than one year's continuous service with the employer who dismissed him and whose dismissal does not result wholly or mainly from the matters referred to in section 6 (2) (f) of this Act, | ||
(b) an employee who is dismissed and who, on or before the date of his dismissal, had reached the normal retiring age for employees of the same employer in similar employment or who on that date was a person to whom by reason of his age the Redundancy Payments Acts, 1967 to 1973, did not apply, | ||
(c) a person who is employed by his spouse, father, mother, grandfather, grandmother, step-father, step-mother, son, daughter, grandson, granddaughter, step-son, step-daughter, brother, sister, half-brother or half-sister, is a member of his employer's household and whose place of employment is a private dwellinghouse or a farm in or on which both the employee and the employer reside, | ||
(d) a person in employment as a member of the Defence Forces, the Judge Advocate-General, the chairman of the Army Pensions Board or the ordinary member thereof who is not an officer of the Medical Corps of the Defence Forces, | ||
(e) a member of the Garda Síochána, | ||
(f) a person (other than a person employed under a contract of employment) who is receiving a training allowance from or undergoing instruction by An Chomhairle Oiliúna or is receiving a training allowance from and undergoing instruction by that body, | ||
(g) a person who is employed by An Chomhairle Oiliúna under a contract of apprenticeship, | ||
(h) a person employed by or under the State other than persons standing designated for the time being under section 17 of the Industrial Relations Act, 1969 , | ||
(i) officers of a local authority for the purposes of the Local Government Act, 1941 , | ||
(j) officers of a health board, a vocational education committee established by the Vocational Education Act, 1930 , or a committee of agriculture established by the Agriculture Act, 1931 . | ||
(2) This Act shall not apply in relation to— | ||
(a) dismissal where the employment was under a contract of employment for a fixed term made before the 16th day of September, 1976, and the dismissal consisted only of the expiry of the term without its being renewed under the same contract, or | ||
(b) dismissal where the employment was under a contract of employment for a fixed term or for a specified purpose (being a purpose of such a kind that the duration of the contract was limited but was, at the time of its making, incapable of precise ascertainment) and the dismissal consisted only of the expiry of the term without its being renewed under the said contract or the cesser of the purpose and the contract is in writing, was signed by or on behalf of the employer and by the employee and provides that this Act shall not apply to a dismissal consisting only of the expiry or cesser aforesaid. | ||
(3) (a) This Act shall not apply in relation to the dismissal of an employee who, under the relevant contract of employment, ordinarily worked outside the State unless— | ||
(i) he was ordinarily resident in the State during the term of the contract, or | ||
(ii) he was domiciled in the State during the term of the contract, and the employer— | ||
(I) in case the employer was an individual, was ordinarily resident in the State, during the term of the contract, or | ||
(II) in case the employer was a body corporate or an unincorporated body of persons, had its principal place of business in the State during the term of the contract. | ||
(b) In this subsection “term of the contract” means the whole of the period from the time of the commencement of work under the contract to the time of the relevant dismissal. | ||
(4) The First Schedule to the Minimum Notice and Terms of Employment Act, 1973 , as amended by section 20 of this Act, shall apply for the purpose of ascertaining for the purposes of this Act the period of service of an employee and whether that service has been continuous. |