Employer v Employee Posted In: Case Law
Legal BodyEmployment Appeals Tribunal (EAT)
Type of Claim / JurisdictionDismissal, Contracts of Employment
Our third unfair dismissal case involved a computer engineer based in Ireland but controlled by the employer from the USA. After one or two issues regarding time off and a telephone conversation between the employee and employer, the employer arrived in Ireland the next day and had a conversation about the claimant's performance. The claimant resigned, said he would work his notice, then recinded that decision and left that day.
The EAT was split on this case. One of the panel thought the claimant had not shown enough of a fundamental breach of contract to justify resignation and a subsequent claim of constructive dismissal. The majority, however, found in favour of the claimant. They
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Irish Employment Law Hub? We help thousands of people like you understand how the latest changes in Irish employment law impact your business through a mix of case law analysis and in-depth articles. All delivered right to your inbox.
We help you to understand the ramifications of each important case from Ireland and Europe.
We help you ensure that your organisation's policies and procedures are fully compliant with Irish law.
You will receive regular updates on Irish employment law including case law reviews, legislative changes, topical updates as well as answers to your burning questions through our Q&A feature.
You will have 24/7 access to the Employment Law Hub so you can research case law and HR issues when you need to.
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.