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Judicial Review in An Garda Siochana Internal Disciplinary and Ongoing Suspension

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...

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...

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...

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...

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...