Today’s article looks at Governor and Company of Bank of Ireland v Reilly, a case which highlights the need to exercise care in suspending employees, not pre-determining issues and applying a sanction which is not unreasonable or disproportionate.
Case Name and Reference: Governor and Company of Bank of Ireland v Reilly (Judgment of Mr. Justice Noonan, 17th April 2015) 2015 [IEHC] 241
Court or Tribunal: High Court
Jurisdiction/Subject Matter: Suspension, Dismissal for Gross Misconduct, Reasonableness and Proportionality, Email Policy, Access to Justice.
Facts
James Reilly (“the employee”) was initially suspended and then dismissed for gross misconduct following detection of inappropriate emails in his mailbox.
The employee was regarded as excellent, with an exemplary record, diligent and hard-working.
Bank
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