Suspension and Dismissal for Gross Misconduct
Published on: 06/08/2015
Article Authors The main content of this article was provided by the following authors.
The Employment Law Team at Comyn Kelleher Tobin LLP (CKT) Leading Irish law firm

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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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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