Today's EAT review concerns the case of James O’Connor v Galen Limited (UD1514/2009), which involved covert surveillance of an employee prior to his dismissal.
Case Name: James O’Connor v Galen Limited (UD1514/2009)
Legislation: Unfair Dismissals Acts, 1997 TO 2007 (the “Acts”)
Subject Matter: Dismissal on grounds of gross misconduct; legality of surveillance.
Facts
The claimant was employed as a sales manager in charge of a team of five staff. He was dismissed in January 2009 on the grounds of gross misconduct based on a surveillance operation carried out by the company. The allegations made against him included fraud, falsification of records and inaccurate fraudulent recording of financial transactions.
The respondent gave evidence of how he became aware of the
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