An employee has been suspended on full pay due to concerns regarding treatment of patients in a care home. The only proof is three statements from fellow employees that witnessed ill treatment. If the employee is determined she did not do this or act in such manner, it is really the other employees’ word against hers. We are investigating further but what length of time is it appropriate to keep her suspended for and is there an appropriate time scale to make a decision whether to dismiss or not?

Posted in : First Tuesday Q&A ROI on 7 July 2015
Zelda Cunningham
Arthur Cox
Issues covered:

The recent High Court decision of The Governor and Company of the Bank of Ireland v Reilly [2015] IEHC 228 emphasised the importance of employers ensuring proper procedures are adhered to when deciding to suspend for alleged misconduct.

The High Court in Reilly stated that the suspension of an employee (paid or unpaid) was an extremely serious measure which could cause irreparable damage to the employee’s reputation and standing, even where the contract of employment permitted suspension. Accordingly, it was held that even a paid holding suspension should not be undertaken lightly and only after consideration of the necessity for the suspension pending a full investigation of the conduct in

Already a subscriber?

Click here to login and access the full article.

Don't miss out, register today!

Are you fully aware of the benefits of Legal-Island's Irish Employment Law Hub? We help thousands of people like you understand how the latest changes in Irish employment law impact your business through a mix of case law analysis and in-depth articles. All delivered right to your inbox.

We help you to understand the ramifications of each important case from Ireland and Europe.

We help you ensure that your organisation's policies and procedures are fully compliant with Irish law.

You will receive regular updates on Irish employment law including case law reviews, legislative changes, topical updates as well as answers to your burning questions through our Q&A feature.

You will have 24/7 access to the Employment Law Hub so you can research case law and HR issues when you need to.

Already a subscriber, now or Register

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

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

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

View all articles by Zelda Cunningham