by Wendy Doyle Solicitor | Apr 14, 2014 | Appeal, Appeal Hearing, Disciplinary Hearing, Disciplinary Meetings, Employment Appeals Tribunal Decisions March 2014, Investigation, latest news, Litigation, Unfair Dismissal
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... by Wendy Doyle Solicitor | Apr 1, 2014 | Appeal, Appeal Hearing, Breach of Contract, Breach of Trust and Confidence, data protection, Disciplinary Hearing, Disciplinary Meetings, Employment Appeals Tribunal Decisions March 2014, Gross Misconduct, latest news, Unfair Dismissal, Workplace Investigations
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... by Wendy Doyle Solicitor | Jan 29, 2014 | Appeal, Appeal Hearing, Disciplinary Hearing, Disciplinary Meetings, Injunction, latest news, Litigation, Witnesses
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... by Wendy Doyle Solicitor | Jan 1, 2014 | Appeal, Appeal Hearing, Disciplinary Hearing, Disciplinary Meetings, Employee Handbook, Gross Misconduct, Investigation, latest news, Litigation, Unfair Dismissal
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... by Wendy Doyle Solicitor | Oct 30, 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
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... by Wendy Doyle Solicitor | Oct 24, 2013 | Appeal, Appeal Hearing, data protection, Defamation, High Court, latest news, Litigation, Workplace Investigations
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...