Disciplinary / Dismissal

Behavioural Interviewing

Disciplinary sanctions other than warnings and dismissal

The most common sanctions arising from a disciplinary process are warnings, which can be from a verbal warning to a first written, second written and final written warning, through to a dismissal. The latter can arise directly as a result of a gross misconduct or from the progressive steps taken over a period of time…


Dismissal Due to Conflict of Interest Deemed Fair

The company at the centre of this dismissal case was engaged in the production of roof trusses for timber frame houses.   The company learned in mid 2005 that one of its employees was setting up his own business for the manufacture of roof trusses for brick built houses.   The company, his employer, was…


Using CCTV for disciplinary purposes

The Data Protection Commissioner has made his view clear about the use of CCTV in disciplinary cases and has extensive guidance for data controllers on his website. The following case highlights the difficulties posed in using CCTV in disciplinary cases.   In 2008, the Commissioner received complaints from two employees of the same company regarding…


Conflict of Interest Leads to Fair Dismissal

Background to Complaint In this complaint for unfair dismissal to the EAT, the employer was engaged in the production of roof trusses for timber frame houses. The company learned in mid 2005 that one of its employees was setting up his own business for the manufacture of roof trusses for brick built houses. The employer…


Dismissing During Probation Period – What are the Risks?

It is commonly understood that there is little risk arising from dismissing an employee during the probation as the employee will have less than one years service and no protection under Unfair Dismissals.   A recent award of €30,000 for an employee dismissed during probation shows the risks associated with dealing with performance issues during…


Constructive Dismissal – the Burden of Proof rests with the Employee

When an employee terminates his/her employment and lodges a claim for constructive dismissal under the Unfair Dismissals Act 1977, the onus of proof rests with the employee to prove that their resignation was justified in the circumstances.   Where an employee alleges that he/she was constructively dismissed the onus is on the employee to prove…


Dismissal Deemed Unfair due to Non-Renewal of Fixed-Term Contract

Background to Complaint The Claimant (the employee) was hired as a homecare nursing advisor and was recruited through a nursing agency in 2002. The contract ran for one year and was renewed in October 2003 and also in October 2005.   The Claimant sent an email to the Respondent Company complaining that she had not…


Dismissal Deemed Unfair After 3 Days Employment – Award of €15,000

Background to Complaint   Ms. X was successful in her application for the position of temporary process operator with An Electronic Component Company (AECC) but within 3 days of commencement her employment was terminated.   Ms. X completed a medical examination, which was conducted by an Occupational Health Nurse on behalf of AECC on 15/02/05….


Deemed Fair Dismissal by EAT Due to Procedures Followed and Clear Policies in Native Language

Background to the Fair Dismissal Complaint The claimant had worked for four years at the AIBP plant. The terms and conditions of his employment had been explained to him with the help of a translator. He had signed a summary at the front of the contract of employment. The grievance and disciplinary procedures were displayed…


Dismissal on Discriminatory Grounds

Background to Complaint The complainant claimed that the respondent discriminated against him on the Traveller community ground when he applied to transfer to the Roscommon branch of the Irish Soccer Referees Society. His request to become a member of that branch was refused.   The respondent rejected the complainant’s allegation that it discriminated against the…


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