07 Oct Gross Misconduct
Gross misconduct dismissals have a much higher standard to meet than a standard dismissal to demonstrate that the employment relationship cannot continue with immediate effect and that notice does not need to be paid....
17 May Dismissal For Refusal To Wear a Face Mask
Whilst this is a decision of the UK Employment Tribunal, which upheld the summary dismissal of a lorry driver who refused to wear a face mask on a client site, it may provide some indication of how a similar case would be dealt with in the WRC. (Kubilius -v- Kent Food (Case Number: 3201960/2020)...
04 Oct Gross Misconduct Dismissal
The threshold of gross misconduct is a difficult one to meet for workplace dismissals and this recent case highlights that despite the long serving and clean employment record of the employee concerned, proper investigation and due process can ensure that inappropriate behaviour in the workplace can be dealt with correctly (ADJ 00026053)....
11 Jun Reinstatement For Banker Unfairly Dismissed for Gross Misconduct
In a recent decision of the WRC, a bank has been ordered to re-instate a dismissed employee where it was found that the bank had insufficient grounds to uphold the allegations for which the complainant was summarily dismissed (ADJ-00001266)....
19 Sep Maximum 2 Years Compensation Awarded for Unfair Dismissal
A recent Labour Court Determination DHL Express (Ireland) Ltd v. Michael Coughlan (Ref No. UDD1738) gave some useful guidance on the use of spent disciplinary sanctions in determining subsequent disciplinary sanctions. The maximum compensation of 2 years salary for unfair dismissal was awarded....
09 May 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....
09 Mar 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....
28 Oct 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....
20 Oct Gross Misconduct
What is gross misconduct and how does it differ from normal misconduct? Is there such a thing as instant dismissal?...