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Suspension, Gross Misconduct and Unfair Dismissal

Suspension, Gross Misconduct and Unfair Dismissal

The May case of A Human Resources Practitioner v A Marketing Company ADJ00020660 is a very useful summary of the law around dismissal on the grounds of conduct. In this case the employee was dismissed on the grounds of misconduct after an investigation was conducted...

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 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...

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...