Unfair Dismissal – Procedural Fairness and Right to Legal Representation

Useful unfair dismissal decision re arguments of procedural unfairness, right to legal representation etc. Complainant was employed by respondent's Special Compliance Branch and involved in sale of cigarettes from Poland on Facebook which had no duty paid https://www.workplacerelations.ie/en/search/?decisions=1&from=14/05/2019&to=17/06/2019

By |2019-10-18T10:23:47+00:00June 17th, 2019|Appeal Hearing, latest news, Unfair Dismissal, Workplace Relations Commission|Comments Off on Unfair Dismissal – Procedural Fairness and Right to Legal Representation

High Court Considers Whether Translator/Interpreter is Employee for Unfair Dismissal Purposes

In the case of Mc Kayed v Forbidden City Limited t/a translations.ie [2016 IEHC 722]  the issue arose as to whether or not the plaintiff was an employee of the defendant in the context of a potential claim under the Unfair Dismissal Acts 1977 (as amended). The judgement of Ms [...]

By |2019-10-18T10:24:54+00:00January 9th, 2017|An Garda Siochana, Appeal, Appeal Hearing, Contracts of Employment, Employee, Employee v Self Employed, High Court, latest news, Litigation|Comments Off on High Court Considers Whether Translator/Interpreter is Employee for Unfair Dismissal Purposes

Recent High Court Case on Bullying in the Workplace

Justice O'Neill delivered the recent judgement in Ruffley -v- Board of Management St. Anne's School [2014 IEHC 235] on the 9th day of May 2014. This case concerned bullying and harassment and a full copy of the judgement is available here. Background The plaintiff in this case claimed damages for [...]

Disciplinary Proceedings and An Garda Siochana – Recent High Court Decision

The recent case of John Wilson v Superintenddent Sean Farrell, Chief Superintendent Patrick McGee, the Commissioner of an Garda Siochana Ireland has attracted a lot of media attention since the whistleblowing controversy hit the media. The judgement of Justice O'Malley was delivered by the High Court on 11th April, 2014 [...]

By |2019-10-18T10:25:59+00:00May 6th, 2014|Appeal, Appeal Hearing, Contracts of Employment, Disciplinary Hearing, Disciplinary Meetings, Garda Siochana (Discipline) Regulations 2007, High Court, Investigation, Judicial Review, latest news, Litigation|Comments Off on Disciplinary Proceedings and An Garda Siochana – Recent High Court Decision

Date of Dismissal is Date Statutory Notice Expires – NOT date notification of appeal decision

Many employees may be confused as to the date of dismissal for the purposes of the Unfair Dismissal Acts where they have been given the right of appeal in relation to a decision to dismiss. In Michael Gaboor v NYD Limited UD 2436/11, MN2435/11, RP2968/11 and WT 973/11 the Tribunal [...]

By |2019-10-18T10:25:59+00:00April 14th, 2014|Appeal, Appeal Hearing, Disciplinary Hearing, Disciplinary Meetings, Employment Appeals Tribunal Decisions March 2014, Investigation, latest news, Litigation, Unfair Dismissal|Comments Off on Date of Dismissal is Date Statutory Notice Expires – NOT date notification of appeal decision

Investigation and disciplinary hearing conducted by same person not fatal

In the recent case of Brendan O'Callaghan v Dunnes Stores UD 54/2012, MN 25/2012, WT 14/2012 the Employment Appeals Tribunal ruled that it could not be said that "having the investigation and disciplinary hearings conducted by the same person was a flawed and unfair procedure". Background The claimant commenced employment [...]

Injunctions, Investigations, Cross Examination of Witnesses and Breach of Trust

In the recent High Court decision of Hartnett -v- Advance Tyre Company Limited t/a Advance Pitstop [2013] IEHC 615 published on 19th December 2013 on the courts website, Justice Ryan in the High Court had to consider an application for an injunction to set aside the purported dismissal of the [...]

By |2019-10-18T10:26:21+00:00January 29th, 2014|Appeal, Appeal Hearing, Disciplinary Hearing, Disciplinary Meetings, Injunction, latest news, Litigation, Witnesses|Comments Off on Injunctions, Investigations, Cross Examination of Witnesses and Breach of Trust

Unfair Dismissal and Workplace Investigation Flaws

In the latest series of Employment Appeals Tribunal determinations from December, we look at finding of unfair dismissal where the respondent employer failed to carry out a proper workplace investigation. Background In the case of Rachel Bermingham v Marks and Spencer Ireland UD 601/2011, MN 639/2011 the claimant was duty [...]

By |2019-10-18T10:26:23+00:00January 1st, 2014|Appeal, Appeal Hearing, Disciplinary Hearing, Disciplinary Meetings, Employee Handbook, Gross Misconduct, Investigation, latest news, Litigation, Unfair Dismissal|Comments Off on Unfair Dismissal and Workplace Investigation Flaws

Unfair Dismissal and Flawed Procedures – Mistake Did Not Justify Dismissal

The recent case of Salma Ayouby v Marks & Spencers Ireland Limited UD 731/2012 illustrates the importance of proper and fair procedure when terminating employment. Here an employee was dismissed for gross misconduct who had overpaid a customer in a transaction involving a gift card and credit voucher. It is [...]

By |2019-10-18T10:21:02+00:00October 30th, 2013|Appeal, Appeal Hearing, Disciplinary Hearing, Disciplinary Meetings, Employee Handbook, Employment Appeals Tribunal Decisions October 2013, Grievance, Investigation, latest news, Litigation, Unfair Dismissal, Workplace Investigations|Comments Off on Unfair Dismissal and Flawed Procedures – Mistake Did Not Justify Dismissal

Investigation, Fair Procedure, Defamation and the “Ultra Vires” Rule

The recent case of Byrne v Irish Sports Council [2013] IEHC 438 concerned the issue of whether the Sports Council had acted ultra vires in respect of the appointment of a third party to investigate allegations against a Council member. Background The applicant was well known in sports including recently [...]

By |2019-10-18T10:21:03+00:00October 24th, 2013|Appeal, Appeal Hearing, data protection, Defamation, High Court, latest news, Litigation, Workplace Investigations|Comments Off on Investigation, Fair Procedure, Defamation and the “Ultra Vires” Rule

Judicial Review, Board of Management of School and Disciplinary Action

The case of Kelly -v- Board of Management of St Joseph's National School, Valleymount, Co Wicklow [2013] IEHC 392 concerned an application for judicial review and dealt with a series of issues including disciplinary processes and appeals procedures. Background The applicant in this case was the principal of St. Joseph's [...]

By |2019-10-18T10:20:32+00:00September 16th, 2013|Appeal, Appeal Hearing, Board of Management, Disciplinary Hearing, Disciplinary Meetings, Judicial Review, latest news, Litigation, Schools|Comments Off on Judicial Review, Board of Management of School and Disciplinary Action

Fair Dismissal for Breach of Trust and Confidence

Many of the decisions reported by the Employment Appeals Tribunal result in findings of unfair dismissal and we thought for a change we would post a decision which found in favour of the employer. In the case of Willie Callaghan v Enable Ireland Disability Services Limited UD 355/2012 the claimant [...]

Dismissal for Gross Misconduct – High Court refuses remedy sought of Judicial Review

The recent High Court case of Purdy v Commissioner of An Garda Siochana [2013] IEHC 141 (High Court, Kearns J, 11 April 2013) concerned proceedings arising from a decision of An Garda Siochana in October, 2012 to dismiss the applicant from his position as clerical officer in An Garda Síochána. Summary The applicant in [...]

By |2019-10-18T10:20:11+00:00May 20th, 2013|Appeal, Appeal Hearing, Civil Service Regulation (Amendment) Act 2005, Gross Misconduct, High Court, Judicial Review, latest news, Litigation|Comments Off on Dismissal for Gross Misconduct – High Court refuses remedy sought of Judicial Review

Unfair Dismissal and Restrictive Covenants – €25,000 award for failure to inform employee breach could lead to dismissal

In the recent case of An Employee v An Employer UD 510/2011, the Claimant alleged that he had been unfairly dismissed as a result of breaching a restrictive covenant in his contract of employment. Background In this case the Claimant was employed as a leisure centre manager from October 2008 to [...]

By |2019-10-18T10:20:11+00:00May 8th, 2013|Appeal, Appeal Hearing, Contracts of Employment, Disciplinary Meetings, Employment Appeals Tribunal Decisions 3rd April 2013, Gross Misconduct, Restrictive Covenant, Restrictive Covenants, Unfair Dismissal|Comments Off on Unfair Dismissal and Restrictive Covenants – €25,000 award for failure to inform employee breach could lead to dismissal

Unfair Dismissal – Award of €25,000 for lack of fair procedure

In a recent claim for unfair dismissal (An Employee v An Employer UD 211/2011, MN 207/2011) the Tribunal awarded the Claimant €25,000 taking into account her contribution to the dismissal. In particular the Tribunal noted the lack of fair procedure afforded to the Claimant prior to her dismissal. Background The Claimant [...]

By |2019-10-18T10:19:24+00:00April 8th, 2013|Appeal, Appeal Hearing, Contracts of Employment, Employee Handbook, Employment Appeals Tribunal Decisions 8th April 2013, Grievance, latest news, Unfair Dismissal|Comments Off on Unfair Dismissal – Award of €25,000 for lack of fair procedure