Discriminatory Dismissal – Award of 6 Months Salary for Pregnancy Dismissal

In the case of A Community Development Officer v A Family Resource Centre the Complainant (employee) alleged that she as dismissed on the grounds of gender due to pregnancy. The Complainant commenced employed as a part-time Community Development / Family Support worker on 1st November 2016. At the commencement of [...]

By |2020-04-14T10:27:58+00:00April 14th, 2020|Blog, Disciplinary Hearing, Disciplinary Meetings, Discrimination, latest news, Maternity, Maternity Rights, Pregnancy at Work, Sick Leave, Workplace Relations Commission, Workplace Relations Commission Decisions March 2020|Comments Off on Discriminatory Dismissal – Award of 6 Months Salary for Pregnancy Dismissal

Judicial Review Refused in Respect of Disciplinary Action and Original Findings of Board of School of Management

In the recent case of Dillon v Board of Management of Catholic University School [2016 IEHC 674] Justice Twomey was asked to consider a challenge by way of Judicial Review to a finding by the Board of Management of the Respondent of 24th February 2015 whereby it was found that [...]

By |2019-10-18T10:24:54+00:00January 12th, 2017|Alternative Dispute Resolution, Appeal, Blog, Board of Management, Disciplinary Hearing, Disciplinary Meetings, Grievance, High Court, Judicial Review, Schools|Comments Off on Judicial Review Refused in Respect of Disciplinary Action and Original Findings of Board of School of Management

Judicial Review in An Garda Siochana Internal Disciplinary and Ongoing Suspension

In the case of Canavan v The Commissioner of An Garda Siochana [2016 IEHC 225] , the applicant sought by way of judicial review an order of prohibition preventing the respondent from continuing a process of internal disciplinary against him including various declaratory orders which he contended related to the inordinate [...]

By |2019-10-18T10:25:27+00:00May 10th, 2016|An Garda Siochana, Appeal, Disciplinary Hearing, Disciplinary Meetings, Garda Siochana (Discipline) Regulations 2007, Gross Misconduct, Investigation, latest news, Litigation, Supreme Court|Comments Off on Judicial Review in An Garda Siochana Internal Disciplinary and Ongoing Suspension

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

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 [...]

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 course of a kidnap [...]