This article examines a recent decision of the Labour Court dated 28th July 2017 in the case of DHL Express (Ireland) Ltd v. Michael Coughlan (Labour Court Determination No. UDD1738).

In this case, the employee, Mr. Coughlan, was awarded the maximum compensation of 104 weeks salary for unfair dismissal.  The case makes clear that any “spent” or expired disciplinary sanctions cannot be used by an employer in subsequent disciplinary proceedings against an employee.  It is also a reminder that any disciplinary sanctions imposed on an employee must be proportionate to the complaint against them and that an employer must consider alternative sanctions to dismissal where appropriate.

The decision arose from an appeal by DHL Express (Ireland) Ltd (hereinafter referred to