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Unfair Dismissal – Employer Beware of Who Makes Decision to Dismiss


In this case the employer appealed a decision of the Workplace Relations Commission to the Labour Court which had awarded the complainant employee €4,000.

The Labour Court upheld the dismissal as unfair as the person who took the decision to dismiss the employee in the company also had a complaint of bullying against them by the same employee.

They noted

“…… it is clear to the Court that this is in breach of the principles of natural justice, “nemo iudex in causa sua”,no person must be a judge in their own cause.In such circumstances the Court must find that the proceedings were not conducted fairly and consequently finds that the dismissal was unfair”.

The employee’s award was revised to €5,000

https://www.workplacerelations.ie/en/cases/2019/october/udd1963.html