Unfair Dismissal and Misconduct
1. Introduction Dismissal for misconduct is the most common substantive ground relied upon by employers under the Unfair Dismissals Acts 1977 to 2015. Section 6(4)(b) recognises conduct as a potentially fair reason for dismissal, but the procedural and substantive requirements are demanding. This article sets out the framework, including the distinction between misconduct and gross
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Unfair Dismissal and Gross Misconduct
1. Introduction Gross misconduct is the limited category of conduct so serious that summary dismissal — dismissal without notice or pay in lieu of notice — may be the appropriate response. The category is narrowly defined: theft, fraud, serious dishonesty, gross negligence, serious safety breaches, and violence are typical examples. This article sets out the
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Unfair Dismissal and Disciplinary Procedures
1. Introduction The WRC Code of Practice on Grievance and Disciplinary Procedures (S.I. No. 146 of 2000) sets the minimum procedural standards applicable to disciplinary action in the Irish workplace. Compliance with the Code is not, in itself, a guarantee of fair procedures, but non-compliance is a strong indicator that the procedural requirements of Section
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Grievance or Protected Disclosure
1. Introduction The case of Louis O’Neill v City Break Apartments Limited City Break Apartments (ADJ-00042764) examines the circumstances under which an Adjudication Officer will construe a concern as constituting a protected disclosure. Mr O’Neill (the Complainant) brought a number of complaints against City Break Apartments Limited City Break Apartments Limited (the Respondents) to the
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Expectation to Participate in Workplace Investigation and Disciplinary Process
1. Introduction The case of a Worker v Louth County Council (ADJ00041356) examines the circumstances under which it would be reasonable or otherwise for an employee not to participate in an investigation or disciplinary process. The matter was appealed to the Labour Court (LCR22871). The Worker (the Complainant) brought a complaint under Section 13(9) of
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CCTV in the Disciplinary Process
CCTV in the Disciplinary Process CCTV in Unfair Dismissal Claims Background The case of Nkemka Patrick Okachi v Sodexo Ireland Limited ADJ-00045306 examines the circumstances under which an employer will be compelled to utilise CCTV footage as part of an investigation and disciplinary process. Mr Okachi (the “Complainant”) brought a complaint under the Unfair Dismissals
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Gross Misconduct, Position of Trust and Right to Appeal
Background The case of Ioan Pop v City Break Apartments Limited (ADJ-00045335) examines the circumstances under which an employer will be deemed to have acted reasonably when terminating the employment of an employee for gross misconduct. Mr. Pop (the Complainant) brought a complaint under S.8 of the Unfair Dismissals Act, 1997, against City Break Apartments
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Right to Silence in Workplace Investigations?
Background The case of Electricity Supply Board -v- Kieran Sharkey [2024] IEHC 65 examines whether an employee has a right to silence in the context of workplace investigations. The Electricity Supply Board (ESB) (the Plaintiff) brought a case against Mr Sharkey (the Defendant) alleging that his failure to answer certain questions, in the context of
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Suspension Without Pay as a Disciplinary Sanction
Introduction In Joseph Kelly v KDK Scaffolding Limited (ADJ-00037787), it was held that the imposition of one day’s suspension without pay, without any authorisation provided for in the contract or company handbook, amounted to a breach of Section 5 of the Payment of Wages Act, 1991. Background The respondent admitted that the Complainant was not
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Suspension and Injunctions – The Case of Enoch Burke
Introduction In this article, we review a recent decision of the High Court in the case of The Board of Management of Wilson’s Hospital School -v- Burke ([2023] IECA 133). The decision is an interesting one as it addresses the topics of suspension, due process, fair procedure and the right of an employee to protest
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