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Desmond Brennan v Institute of Technology Carlow [2011]

Posted In: Case Law
  • Case Reference
    UD281/2010 WT131/2010
  • Legal Body
    Employment Appeals Tribunal (EAT)
  • Type of Claim / Jurisdiction
    Unfair Dismissal, Disciplinary and Grievance Issues
Issues covered: Unfair Dismissals Acts 1997-2007; Organisation of Working Time Act, 1997; Doctrine of Proportionality


In this case the Claimant was a caretaker of the Respondent school. The Claimant had deliberately closed the premises early on the Friday of a Bank Holiday weekend. A postgraduate student was locked into the premises and she had to use the alarm and the emergency services were called. After a disciplinary hearing and appeal the employee was dismissed. 


The Employment Appeals Tribunal made a number of observations in its findings which are of interest: 

1. It stated that it is well settled law that an employer cannot be compelled to deal with a solicitor acting

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This article is correct at 11/10/2011

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

David Fagan
Business Legal

The main content of this article was provided by David Fagan . Contact telephone number is +353 1 636 3165 or email David.Fagan@bizlegal.eu

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