Unfair Dismissal

Employee’s appeal of final written warning leads to summary dismissal for gross misconduct

An unusual feature of the case involving Martin Browne and Egis Road & Tunnel Operations Limited is the fact that he was firstly issued with a final written warning arising from a “prank” but was dismissed summarily on appeal. Background Martin Browne was a Duty Manager in the Tunnel Control Room at the Dublin Port …

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Employee awarded €250 for his successful unfair dismissal case

Michael O’Sullivan won his case for unfair dismissal against a recruitment firm, Claddagh Resource. But he was only awarded €250 on account of his “deplorable behaviour”. Background The employee, Michael O’Sullivan, was a recruitment consultant working with a firm owned by the former Presidential election candidate, Peter Casey. O’Sullivan’s performance was not up to scratch, …

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Employee’s unwillingness to engage in employer’s process before resigning causes failure of constructive dismissal claim

Thinking about resigning from your job and bringing a claim for constructive dismissal? Before you do you would be well advised to take 10 minutes or thereabouts to read the WRC decision in the case of Brian Griffin v Sage (ADJ-00034467). Mr Griffin resigned from his position of 2.5 years with Sage but he made …

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Dunnes Stores employee charged with lewd act in Marks and Spencer loses unfair dismissal case

Can you be fairly dismissed if you have a perfect disciplinary record and ‘exemplary work record’ in your job? The answer is yes. Dunnes Stores dismissed a general assistant, Gerard McVeigh, for something that occurred outside the workplace. McVeigh was charged in the District Court with committing a lewd act-masturbating himself-in the toilets of Marks …

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Was employee laid off or dismissed? Wins €10,000 at Labour Court

Laid off? Dismissed? An employee has won €10,000 in the Labour Court for unfair dismissal against a jeweller business where the employer claimed the employee was not dismissed but laid off. The employee’s case at the Workplace Relations Commission at first instance had failed. He appealed that decision to the Labour Court. The employee in …

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