A bus driver was recently awarded the best part of €9,000 in an unfair dismissal claim against his former employer for gross misconduct. The employer, Blue Line Coaches Limited, trading as Nolan Coaches, claimed the driver used a racial slur in describing a Chinese person as “a fat Chinese c***”. But the WRC adjudicator, Kevin … Read more
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 … Read more
Sarah Clancy was dismissed for gross misconduct. She was found to have been using customer loyalty cards for her own benefit. The amount concerned, however, was small: €5.65. The employer fired her for gross misconduct and on the grounds that it had lost trust and confidence in her. Her legal team argued that the employer … Read more
Where the employer suspects an employee may be guilty of gross misconduct he should suspend the employee on full pay in order to carry out an investigation. There are 2 important things about suspending the employee in these circumstances: 1. The suspension should be carried out as soon as possible The reason for this is … Read more