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Breach of Confidentiality

In a recent case (UD 346/2013) where a Purchasing Assistant with over 12 years service was awarded €19,000 for unfair dismissal because she had sent confidential emails to her husband, even though the information was not used by her husband or of use to him, a number of process issues were highlighted that are useful to review.

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.

How long is an employer expected to keep a job open if employee absent due to illness?

In a recent case(UD 1758/2012)the EAT determined that an employer had acted reasonably after it dismissed an employee who had been absent for over two years.

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.

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

Employee Loses Gross Misconduct Appeal

Following on from my summary last week of what constitutes gross misconduct in the workplace,this recently published case (UD/323/2012) illustrates how gross misconduct dismissals can be fair and reasonable if the sanction is relevant to the specific business objectives of the employer.

Gross Misconduct

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

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Co. Leitrim

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info@hrsolutions.ie

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