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Fair Dismissal Of Postman Despite Flawed Appeals Process.

The Eat determined in a recently published decision (UD 507/2014) that a postman had been fairly dismissed for allowing others to deliver his mail despite an appalling appeals process with a delay of over 2 and a half years in dealing with the appeal.

Security Guard Re-instated

The EAT determined that a security guard with an excellent employment record who had been dismissed for one inappropriate incident had been dismissed unfairly and should be re-instated and the sanction of dismissal was disproportionate.

NCT Tester Fairly Dismissed For Testing His Own Car

In Case No UD69/2014 a NCT vehicle inspector was found to have been fairly dismissed as he had breached the Company Code of Conduct three times, which did not allow employees to test any vehicle owned or previously owned by them.

€75,000 award for heavy handed dismissal

In a recent case published (UD 520/2013 & UD 521/2013)two employees who were dismissed from a printing company for gross misconduct for not clocking out during a break were awarded €75,000 and €33,000 respectively as well as additional notice payments for unfair dismissal.

Costly HR Mistakes (PART 2)

Following on from my last article, some more costly HR mistakes that can be avoided.

Suspension Do's & Don'ts

The recent determination in the High Court case of the Governor and Company of Bank Of Ireland v Reilly [Justice Noonan 17/04/2015)offers some useful guidance in how to correctly manage the difficult area of suspension of employees pending the completion of an investigation into alleged gross misconduct.

Fair Dismissal of Airline Check In Operator

For a change, a report on a recent case where the EAT determined that a dismissal of an air line check in operator for breaches of procedures had been fair and the claimant's appeal against his dismissal failed.

No Disciplinary Process But Dismissal Held To be Fair

Despite the absence of a proper disciplinary process that afforded the required due process and rights to an employee who was the subject of a gross misconduct allegation, the dismissal was deemed to be fair.

Sports Store Manager Awarded €20k for unfair dismissal despite a number of unauthorised absences !

The EAT did not agree that with the Respondent Company's view that a store manager had an example to set to other staff and said she was unfairly dismissed in respect of a number of short un-authorised absences over a three day period in December 2012.

Nursing Home Chef Awarded €30k for Unfair Dismissal

In a recent case (UD1425/2012) a chef who had worked in a nursing home for almost 4 years was awarded €30,000 as the disciplinary process conducted was fundamentally flawed and prejudicial to the claimant.

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