Antoinette is a Partner, practicing as part of the Employment law team. She brings practical and strategic legal advice to clients in a range of areas such as wrongful and unfair dismissal; discrimination; absenteeism and work related stress; performance management; temporary and contingent workers; collective redundancies; restrictive covenants and severance agreements.
“I am a HR Manager in the hospitality industry and have received a letter from the Workplace Relations Commission enclosing an unfair dismissal claim from a former employee. This employee was dismissed for theft and fraud offences following an extensive investigation and disciplinary process, so we are contesting the claim. However, in his complaint form, the complainant is seeking reinstatement and/or re-engagement. We cannot have a situation where he returns to our workplace. Can we insist that if any redress is to take place that it must be compensation? How do I handle it?”
Section 7 of the Unfair Dismissal Acts, 1977, as amended deals with redress for unfair dismissal. In this regard, the section provides that where a
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