When Does Termination of Employment Take Effect?
Posted in : How Do I Handle It ROI on 25 September 2015
Antoinette Vahey
RDJ LLP
A dismissed employee has elected to appeal the decision to terminate his employment for gross misconduct. He claims however that we cannot terminate his employment pending the appeal and that he remains an employee until the appeal has been determined. How do I handle it?
Antoinette Vahey writes:
It is important, in such circumstances, to consult your disciplinary procedure and contract of employment to ascertain the provisions regarding an appeal against a dismissal.
The general position is that the effective date of dismissal will be the date on which the termination is communicated to the employee and not the date on which the employee is informed that an appeal against dismissal has
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This article is correct at 06/10/2015
Disclaimer:
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.
Antoinette Vahey
RDJ LLP
The main content of this article was provided by Antoinette Vahey. Contact telephone number is 91 895366 or email antoinette.vahey@rdj.ie
View all articles by Antoinette Vahey