'No Fault’ Dismissals - How Do I Handle It?

Posted in : How Do I Handle It ROI on 15 February 2022
Alan Devaney
RDJ LLP
Issues covered: No Fault Dismissal; Unfair Dismissal; Poor Performance

I am a HR Manager in a large manufacturing company and have been approach by a member of the senior team to explore dismissal of a poorly performing manager.  To avoid a lengthy protracted disciplinary procedure they wish to carry out a ‘no fault’ dismissal.  I am unsure if this is appropriate or how I would handle this, can you help?

 A no fault dismissal occurs where an employer exercises a contractual right to terminate an employee’s employment with notice, but without fault or without providing a reason. A no fault dismissal is permitted in law and has been recognised over the years, most recently in the 2021 case of Donal O'Donovan v Over-C Technology Limited, whereby

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This article is correct at 15/02/2022
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.

Alan Devaney
RDJ LLP

The main content of this article was provided by Alan Devaney. Contact telephone number is +353 91 895380 or email alan.devaney@rdj.ie

View all articles by Alan Devaney