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

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

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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 zelda.cunningham@arthurcox.com

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