Employee (claimant) v Employer (Respondent) [2014]
Posted In: Case Law-
Case Reference
IREAT UD 2/2013 -
Legal Body
Employment Appeals Tribunal (EAT) -
Type of Claim / Jurisdiction
Dismissal
Case came before the Tribunal as a result of a recommendation of a Rights Commissioner, this was a de novo hearing. The claimant’s employment was terminated following an internal investigation, disciplinary and appeal process; the claimant was dismissed because of gross misconduct which could only be punished by way of a dismissal.
In regards to the allegation of gross misconduct the claimant has maintained her innocence, on this appeal prominence was given to the severity of dismissing an employee with an unblemished five year record.
The claimant worked as a security officer with the respondent employer company, the claimant worked twelve hour nightshifts from 7pm to 7am, in the
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