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

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 [...]

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 manager from October 2008 to [...]

By |2019-10-18T10:20:11+00:00May 8th, 2013|Appeal, Appeal Hearing, Contracts of Employment, Disciplinary Meetings, Employment Appeals Tribunal Decisions 3rd April 2013, Gross Misconduct, Restrictive Covenant, Restrictive Covenants, Unfair Dismissal|Comments Off on Unfair Dismissal and Restrictive Covenants – €25,000 award for failure to inform employee breach could lead to dismissal

Workplace Investigation – Flawed Enquiry leads to Finding of Unfair Dismissal

The case of An Employee v An Employer (UD 2413/2009) posted today serves again as a reminder to employers to ensure any workplace investigations are carried out in accordance with proper and fair procedure. Although the award was relatively small in this case (approximately €10,000) the Tribunal was particularly critical of the enquiry [...]

By |2019-10-18T10:19:23+00:00April 9th, 2013|Employment Appeals Tribunal Decisions 8th April 2013, latest news, Unfair Dismissal, Workplace Investigations|Comments Off on Workplace Investigation – Flawed Enquiry leads to Finding of Unfair Dismissal

Disciplinary Process & Workplace Investigation – High Court refuses to interfere as part of application for injunctive relief

In the decision of Laffoy J in Cribbin v PLC Ingredients Limited & Anor delivered on 3rd October 2012,  the High Court refused to interfere in an investigation process as part of an application for injunctive relief. We have referred extensively to extracts from the judgement of Justice Laffoy below and a link is provided to [...]

By |2019-10-18T10:19:03+00:00February 4th, 2013|Confidental Information, Contracts of Employment, Employee Handbook, High Court, Injunction, private investigator, Workplace Investigations|Comments Off on Disciplinary Process & Workplace Investigation – High Court refuses to interfere as part of application for injunctive relief

Workplace Investigations and costly mistakes!

To date we have looked at some of the key principles in conducting a fair workplace investigation and we now turn our attention to the consequences of conducting an unfair workplace investigation. As outlined below, a number of costly lessons were learned and whilst some of the mistakes seem fundamental, [...]

By |2019-10-18T10:17:03+00:00January 14th, 2013|Bullying and Harassment, High Court, Investigation, Workplace Investigations|Comments Off on Workplace Investigations and costly mistakes!