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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...

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...

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...