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 2 October 2012
Barry Walsh
McDowell Purcell
Issues covered:

We would be slow to say that it is impossible to dismiss any employee. It can however be difficult under Irish law to dismiss employees without a significant risk of legal liability for a matter such as this without a very strong paper trail and evidence of an employer process with warnings and opportunities to improve.

It is unlikely that an employer would be deemed to have permanently acquiesced to lateness, non attendance at work or poor performance. However, it is true to say that the longer an employer permits these things to occur then the more difficult it will be to shift position and seek to take disciplinary action.

It is not uncommon in our experience to receive queries like

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

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Barry Walsh
McDowell Purcell

The main content of this article was provided by Barry Walsh. Contact telephone number is +353 1 828 0600 or email bwalsh@mcdowellpurcell.ie

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