From a legal and practical perspective, the abovementioned case is of great relevance as it contains a valuable lesson for all employers with regard investigating alleged issues of misconduct and furthermore in reaching their decision the Labour Court have thoroughly set out some legal principles in relation to fair procedures which must be borne in mind when investigations, and indeed disciplinary processes, are being implemented. A further interesting point to note from the Determination issued is the manner of award which was made.

The abovementioned case came before the Labour Court on foot of an appeal which was lodged by Select Service Partner, Ireland t/a SSP Ireland (hereinafter referred to as “the Respondent”) after