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Unfair Dismissal – How to Dismiss for Misconduct

Employers take note!

Very useful summary of law on dismissal on grounds of misconduct. Here the employee was dismissed due to misconduct. He consistently failed to attend work and comply with the Company’s sick-leave policy.

The Workplace Relations Commission found his dismisal to be reasonable given his behaviour, his length of absence from work and the impact on work.

The case provides a good summary of the caselaw in this area. It also shows how proper and fair procedure around a dismissal is a good defence once the dismissal is seen to “fit the crime” and justified in light of all the facts.

A copy of the decision can be found here

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