Location: Rep.of Ireland
Northern Ireland
Location: Rep.of Ireland
Northern Ireland
Home / Articles / DHL Express (Ireland) Ltd v Michael Coughlan: “Spent” Disciplinary Sanctions

DHL Express (Ireland) Ltd v Michael Coughlan: “Spent” Disciplinary Sanctions

Posted in : Comyn Kelleher Tobin on Employment Law Precedents on 11 August 2017
Emily Sexton
Comyn Kelleher Tobin
Issues covered:

This article examines a recent decision of the Labour Court dated 28th July 2017 in the case of DHL Express (Ireland) Ltd v. Michael Coughlan (Labour Court Determination No. UDD1738).  

In this case, the employee, Mr. Coughlan, was awarded the maximum compensation of 104 weeks salary for unfair dismissal.  The case makes clear that any “spent” or expired disciplinary sanctions cannot be used by an employer in subsequent disciplinary proceedings against an employee.  It is also a reminder that any disciplinary sanctions imposed on an employee must be proportionate to the complaint against them and that an employer must consider alternative sanctions to dismissal where

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This article is correct at 11/08/2017
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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.

Emily Sexton
Comyn Kelleher Tobin

The main content of this article was provided by Emily Sexton. Contact telephone number is +353 21 4626900 or email emily.sexton@ckt.ie

View all articles by Emily Sexton