If an employee has been allowed for many years to breach their contract by, for example, coming in late, disappearing during work time, not doing much work, would it be impossible to get rid of them? Would the employer be regarded as having acquiesced to the breaches of contract?

Posted in : First Tuesday Q&A ROI on 4 October 2011
A&L Goodbody
A&L Goodbody
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As matters stand, it would not be advisable for the employer to terminate the contract of employment at this point. In view of the tacit acceptance and perhaps condoning of such behaviour by the employer, it would be important for it to not act prematurely in terminating employment or to dismiss the employee without adequate warning that a higher standard of behaviour is expected of him/her. If the employer were to move to terminate this employee’s employment without allowing an “amnesty” and without sufficient warning of the standard of behaviour required, this would increase the prospect of a successful claim of unfair dismissal by the employee.

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Back to Q&A's This article is correct at 02/09/2015

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A&L Goodbody
A&L Goodbody

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