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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...

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...

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...

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...

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...