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Dismissal Upheld For Failing To Work Rostered Hours on Xmas Day

This month I will be looking at some topical workplace cases in respect of the Xmas holiday season. A gas fitter had his appeal against his dismissal turned down by the EAT recently (UD888/2013)in respect of his refusal to work on Xmas Day 2012 as per a roster that had been published the previous February.

€20k Award For Housekeeper Dismissed Due To Bullying Allegations

The importance of allowing employees to be made aware of and have the opportunity to respond to complaints against them before being dismissed was highlighted in this case (UD 1665/2012 & MN 259/2013) when the claimant won her unfair dismissal claim.

Dismissal For Not Paying For a Cup of Tea Upheld

In this appeal (UD 826/2013) against a previous Rights Commissioner Recommendation the employee's dismissal whilst deemed to be harsh was not held to be unfair as per the Unfair Dismissal Acts

Do I Have To Allow An Employee Bring Their Solicitor To A Disciplinary Hearing?

This week I will deal with some commonly asked questions about different HR Topics.

Gross Misconduct

What is gross misconduct and how does it differ from normal misconduct? Is there such a thing as instant dismissal?

Dismissal for Using Bad Language Deemed Unfair

When is dismissal a valid first and final disciplinary sanction? In a recent case (UD 1525/2012) a customer service rep for a waste re-cycling company who had used expletives and offensive language with her colleagues was awarded €12,500 for unfair dismissal

Employee Dismissed for use of Mobile Phone !

A fair ground operator who was dismissed for using his mobile phone whilst operating a fairground ride was unfairly dismissed and awarded €4,000.

When Dismissal is a Costly Step Too Far ?

Two recent cases published by the EAT once again illustrate the difficulty that employers face in arriving at a fair outcome when making a decision to dismiss employees for misconduct. In both cases involving large retail organisations, the decisions to dismiss were deemed dis-proportionate despite admitted fraudulent behavior and the existence of a previous final written warning.

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