The Reasonable Belief of the Employer in Establishing "Guilt or Innocence"

Posted in : Labour & Superior Court Case Law Review Panel on 23 March 2018
Aileen Fleming
Daniel Spring & Co.
Issues covered:

Background to the case

The worker was employed as a General Labourer from January 2014 to October 2015 when he was dismissed for gross misconduct on 5th October 2015. 

A complaint of unfair dismissal was lodged which was adjudicated at the WRC in February 2017. The claim for unfair dismissal was upheld and an award of €12,500 was made in the claimant’s favour but on appeal to the Labour Court in January 2018, a contrary view was taken and the decision to dismiss was upheld.

The facts and issues recited before the WRC and the Labour Court were essentially the same but the outcomes diametrically different. The salient points of the final decision were perhaps explained by the

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This article is correct at 23/03/2018

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Aileen Fleming
Daniel Spring & Co.

The main content of this article was provided by Aileen Fleming. Contact telephone number is 353 1 644 9900 or email

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