Can previous history be taken into account when dismissing someone for gross misconduct?

Posted in : First Tuesday Q&A ROI on 1 April 2014
Zelda Cunningham
Arthur Cox
Issues covered:

Where there is an active warning on the employee’s personnel record, an employer may be able to take the warning into account when considering dismissing an employee for gross misconduct.

However, warnings cannot remain effective against an employee for an indefinite period. S.I. No. 146 of 2000, Industrial Relations Act, 1990 (Code of Practice on Grievance and Disciplinary Procedures) (Declaration) Order, 2000 provides that warnings should be removed from an employee's record after a specified period and that the employee should be advised of this accordingly. Generally, warnings are limited to a period of 6 months or 12 months, depending on the nature of the misconduct. Following the

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

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Zelda Cunningham
Arthur Cox

The main content of this article was provided by Zelda Cunningham. Contact telephone number is +353 1 618 0000 or email

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