The Reasonable Belief of the Employer in Establishing "Guilt or Innocence"Posted in : Labour & Superior Court Case Law Review Panel on 23 March 2018
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
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