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 into "the irregularity in the [...]

Unfair Dismissal and Gross Misconduct

In this case an employee was dismissed on the spot for his intimidatory behaviour and refusal to follow a workplace instruction. The employee lodged a claim for unfair dismissal and the Adjudicator (person hearing the case) noted “…….it is the function of the Adjudicator to assess what a reasonable employer, [...]

By |2020-02-19T15:53:55+00:00November 8th, 2019|latest news|Comments Off on Unfair Dismissal and Gross Misconduct

Unfair Dismissal and Gross Misconduct

The recently published case of A Warehouse Supervisor v A Logistics Company reiterates the general principles of natural justice and fair procedure in effecting a dismissal. Of interest are the comments from the Adjudicator in respect of the length of time it took the employer to issue the dismissal letter [...]

By |2019-10-18T10:21:31+00:00October 7th, 2019|latest news|Comments Off on Unfair Dismissal and Gross Misconduct

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 officer in An Garda Síochána. Summary The applicant in [...]

By |2019-10-18T10:20:11+00:00May 20th, 2013|Appeal, Appeal Hearing, Civil Service Regulation (Amendment) Act 2005, Gross Misconduct, High Court, Judicial Review, latest news, Litigation|Comments Off on Dismissal for Gross Misconduct – High Court refuses remedy sought of Judicial Review

Misconduct did not warrant Dismissal – Award of €17,500

In a determination published today (An Employee v An Employer - UD 1454/2011, MN 1536/2011) the Employment Appeals Tribunal was asked to consider the question of gross misconduct and whether it warranted dismissal. Background The Claimant worked as a food and beverage coordinator and also usually worked as a cashier. [...]

By |2019-10-18T10:19:24+00:00April 3rd, 2013|Contracts of Employment, Employee Handbook, Employment Appeals Tribunal Decisions April 2013, Gross Misconduct, Unfair Dismissal|Comments Off on Misconduct did not warrant Dismissal – Award of €17,500

Facebook posting and demotion – English High Court rules in favour of Employee but expresses “real disquiet” about the financial award

The recent English decision of Mr Adrian Smith  v Trafford Housing Trust [2012 EWHC 3221 (Ch) delivered by Justice Briggs in November 2012 sheds further light on the explosion of social media and how it impacts on the workplace. This case is one to watch as it concerns a breach of contract action, which [...]

By |2019-10-18T10:19:25+00:00March 19th, 2013|Constructive Dismissal, Contracts of Employment, Facebook, Freedom of Expression, latest news, Privacy, social media, Unfair Dismissal|Comments Off on Facebook posting and demotion – English High Court rules in favour of Employee but expresses “real disquiet” about the financial award

Disciplinary Procedures costs employer €23,000 – inclusion in contract is “unreasonable if not illegal”

Amongst the decisions issues by the Employment Appeals Tribunal this week concerned the case of Jane Mangan v Clontarf Creche Limited UD 955/2011. Background The Respondent in this case had been operating a crèche and Montessori school for over twenty years and employed the Claimant as a child care assistant in May 2004. [...]

By |2019-10-18T10:16:39+00:00November 17th, 2012|Employment Appeals Tribunal Decisions 15th November 2012, latest news, Uncategorized|Comments Off on Disciplinary Procedures costs employer €23,000 – inclusion in contract is “unreasonable if not illegal”

Gross Misconduct – Dismissal not warranted

In the case of Bobby Amadasun v Shannon Transport & Warehouse Company UD 369/2010 sent last Thursday, the Employment Appeals Tribunal was faced with the question of whether the Claimants behaviour amounted to gross misconduct. Background The Respondents were involved in various aspects of logistics and distribution in the Munster region and [...]

By |2019-10-18T10:16:41+00:00September 11th, 2012|Employment Appeals Tribunal Decisions 6th September 2012, Unfair Dismissal|Comments Off on Gross Misconduct – Dismissal not warranted

Pregnancy related dismissal – Tribunal notes “Respondent’s procedures were defective and could be said to be crude”

In the case of Aylamba Chocken v The Fitzpatrick Club Limited UD 1992/2010, MN 1993/2010 sent on 23rd August 2010, it was alleged that the Claimant, a casino dealer/croupier, had been dismissed without notice when she became pregnant after being employed by the Respondent from 27th August 2009 to 29th April 2010. The [...]

By |2019-10-18T10:16:20+00:00August 29th, 2012|Employment Appeals Tribunal Decisions 23rd August 2012, Pregnancy at Work, Unfair Dismissal|Comments Off on Pregnancy related dismissal – Tribunal notes “Respondent’s procedures were defective and could be said to be crude”

EAT Decisions sent 02.08.12 – Claimant not unfairly dismissed but Tribunal critical of Ryanair’s procedures at investigation meeting

The decision of Davide Colli v Ryanair Limited UD 193/2010 sent last week makes for interesting reading. The case concerned the dismissal of the Claimant as a result of the carrying out of an audit on the performance by the Claimant of his duties as No. 1 Cabin Crew or Cabin Crew Supervisors. [...]