Castolin Eutectic Ireland Limited v Rafal Kita [2017]

Posted In: Case Law
  • Case Reference
    ILCR Determination No. UDD1754
  • Legal Body
    Labour Court (LC)
  • Type of Claim / Jurisdiction
    Dismissal, Discipline, Policies and Procedures
Issues covered: Section 8A, Unfair Dismissal Acts, 1977 to 2015; Lack of Fair Procedure; Insubordination

This case involved a claim that the Complainant had been unfairly dismissed. The Respondent did not dispute the fact that the Complainant had been dismissed but claimed he had been dismissed for gross insubordination. There had been an issue between the Complainant and his supervisor on the 12th May 2016, resulting in the Complainant asking to speak to the operations manager. This incident included the Complainant telling another supervisor he did not trust his supervisor.

The Complainant was subsequently out sick for a couple of days and on his return the operations manager asked for him to explain what had happened. As he was finishing his shift that day he was handed a letter requesting

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This article is correct at 04/01/2018
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