Procedures in Unfair Dismissal Cases

Procedures in Unfair Dismissal Cases

This issue arose in case ADJ-00019683 where the issue arose as to what the issue concerning fair procedures is where an employee admits matters. The Adjudication Officer quoted the case of UDD203 Dunnes Stores -v- Kilpl where the Labour Court considered the situation where the employee had admitted being engaged in other employment at a time she should have been at work had she not called in sick earlier that day. The court found that in these circumstances there exists :

“A well-established principle that there is a wide degree of flexibility afforded to employers in relation to the manner in which the principles of natural justice are applied in the conduct of disciplinary procedures. The circumstances of each particular case will determine the particular application of those principles in practice. For example, it is accepted that where an employee has freely made it clear and unequivocal admission of wrong doing, the employer is not required to conduct as extensive an investigation into the allegations against the employee as it would in circumstances where employee has, at all times, maintained his innocence Royal Society for the Protection of Birds -v- Croucher 1984 ICR604”

*Before acting or refraining from acting on anything in this guide, legal advice should be sought from a solicitor.

**In contentious cases, a solicitor may not charge fees or expenses as a portion or percentage of any award of settlement.

Richard Grogan

Author Richard Grogan

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