Following two days of hearing before the EAT in an unfair dismissal case, a substantial award was made by the EAT in favour of our client.
The employee had been dismissed on grounds of gross misconduct. The EAT Determination ruled that the letter inviting the employee to a disciplinary hearing had warned that the employee may receive a warning as a result of the alleged misconduct.
The Tribunal took the view that the letter requiring the employee to attend the disciplinary meeting should have clearly explained that the consequences of the disciplinary procedure could lead to sanctions up to and including the employee dismissal. The Tribunal were of the view that the employee was entitled to conclude, given the contents of the letter, that a warning in accordance with the Company’s disciplinary procedure was the severest sanction that he would face. Had the employee been fully informed, he might have opted at that early stage to have been properly represented at the disciplinary meeting. While the sanction might not have been different, the Tribunal took the view that the Claimant was entitled to have been made fully aware of the possible consequences of the disciplinary procedure in advance of attending the meeting.
http://www.johnsonsolicitors.ie/Award-from-EAT-in-Unfair-Dismissal-Case-News.htm
Johnson & Co, Solicitors 