Review of Recent EAT Decision: Doctrine of Proportionality in Dismissal Cases
Published on: 06/08/2015
Issues Covered:
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Today's EAT review concerns the case of Desmond Brennan v Institute of Technology Carlow (UD281/2010 WT131/2010). This case concerns a number of issues in relation to dismissal from work, including the "doctrine of proportionality".

Case Name: Desmond Brennan v Institute of Technology Carlow (UD281/2010 WT131/2010)

Legislation: Unfair Dismissals Acts 1997-2007 and Organisation of Working Time Act, 1997


Facts

In this case the Claimant was a caretaker of the Respondent school. The Claimant had deliberately closed the premises early on the Friday of a Bank Holiday weekend. A postgraduate student was locked into the premises and she had to use the alarm and the emergency services were called. After a disciplinary hearing and appeal the employee was dismissed.


Determination

The

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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 06/08/2015
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