Latest in Employment Law>Case Law>Keith Guiney v An Post [2015]
Keith Guiney v An Post [2015]
Published on: 15/01/2016
Issues Covered: Dismissal Discipline
Article Authors The main content of this article was provided by the following authors.
Legal Island
Legal Island
{}
Background

The background to this case is that the claimant worked as a postman with the respondent initially employed on a specific purpose contract in 2006 and on a permanent contract since 2011. Later that year he was dismissed, following a finding that he allowed another person (his girlfriend once and possibly also his sister on other occasions) to deliver his mail, contrary to section 53 of the Communication Regulation (Postal Services Act) 2011.

The claimant appealed the decision to dismiss (notwithstanding he had admitted at least one offence) in September 2011 but the appeal was not considered until March 2014 at which stage the dismissal was upheld (after a review of the paperwork). The claimant remained on full pay during this time. Newspapers have reported that he received €100 during the period of his suspension.

The Tribunal ultimately found the dismissal fair but criticised the employer:

"... the process adopted in dismissing the claimant was not very well handled by the respondent. While the initial stages of the investigation were appropriate the appeal offered to the respondent was conducted in an appalling manner. The letter of appeal acknowledges the claimant’s conduct as a serious breach of policy but he maintained he was not aware of the company policies in question. Evidence was given by the respondent before the Tribunal as to the content of these policies but they were never in fact opened to the Tribunal nor was any evidence adduced as to whether the claimant specifically was made aware of same. PK [the HR director] proceeds to lose the claimants file for a period of two and a half years and then conducts a review of the papers as a purported appeal. Despite the passage of time he does not discuss this file with anyone and does not even contact the claimant in relation to the matters raised in his letter of appeal."

https://www.workplacerelations.ie/en/Cases/2015/December/UD507_2014.html

Continue reading

We help hundreds of people like you understand how the latest changes in employment law impact your business.

Already a subscriber?

Please log in to view the full article.

What you'll get:

  • Help understand the ramifications of each important case from NI, GB and Europe
  • Ensure your organisation's policies and procedures are fully compliant with NI law
  • 24/7 access to all the content in the Legal Island Vault for research case law and HR issues
  • Receive free preliminary advice on workplace issues from the employment team

Already a subscriber? Log in now or start a free trial

Disclaimer 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. This article is correct at 15/01/2016
Q&A
Legal Island’s LMS, licensed to you Imagine your staff having 24/7 access to a centralised training platform, tailored to your organisation’s brand and staff training needs, with unlimited users. Learn more →