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Mutual Trust and Confidence Employee contributed to own dismissal by his unreasonable and indefensible behaviour

Mutual Trust and Confidence Employee contributed to own dismissal by his unreasonable and indefensible behaviour

In this case (Structured Finance Management (Ireland) Limited and Vadym Kakinin) (ADJ0000-155-A) the employee appealed a previous finding of the WRC that he had not been unfairly dismissed to the Labour Court who overturned the decision of the Adjudicator but found...

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...

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...

A Must Read High Court Case on Fair Procedure in Disciplinary and Appeal Hearings

The recent case of Kelleher v An Post, High court, Peart J on 16th May of this year [2013] IEHC 238, 2012 No. 9604P concerned the termination of a postmaster’s contract of employment by An Post following an alleged failure to follow security procedures in the...

Constructive Dismissal – Employer’s Cumulative Actions lead to breakdown of trust and confidence

In a recently published decision of the Employment Appeals Tribunal (An Employee v An Employer) UD842/2011, the Claimant successfully claimed constructive dismissal and was awarded €23,826. Background The Claimant was employed by the Respondent to carry out...

High Court Injunction – Breach of Trust and Confidence

In a recent judgement of Ms Justice Laffoy delivered on 22nd March 2013 in Mark Ryan v ESB International Limited [2013 IEHC 126] the plaintiff sought an interlocutory injunction restraining his dismissal on the grounds of “breach of trust and...