Hi there, during a disciplinary hearing would it help the situation at all if the employee was to state that they have had a new offer of employment and that they would leave their current workplace regardless of the outcome of that disciplinary? Thank you so much.
Not for unfair dismissal as they would not have 12 months' service. However, they may have a claim if they could prove they were suffering from a disability and claim it was a discrimination based dismissal. This would not require 12 months' service.
Here is the Irish Times report of the case www.irishtimes.com/news/crime-and-law/employee-sacked-after-he-was-pictured-working-on-farm-while-sick-wins-case-1.4868229 You will be able to search the WRC website to get the case itself
Sorry to say that I completely disagree, procedures are purposely made to be complicated so that no matter what an employer does , in the eyes of judicators it’s never proper and this case is the perfect example!!!
What if an employee missold products to a customer outside the terms of their employment contract, is the employer still liable?
Hi there, during a disciplinary hearing would it help the situation at all if the employee was to state that they have had a new offer of employment and that they would leave their current workplace regardless of the outcome of that disciplinary? Thank you so much.
Not sure what you mean, to be honest. Employee might want to resign rather than get fired. Employer might be happy to see the back of him.
If this employee was still on probation, would they still have a claim?
Not for unfair dismissal as they would not have 12 months' service. However, they may have a claim if they could prove they were suffering from a disability and claim it was a discrimination based dismissal. This would not require 12 months' service.
Unrelated question: Can you make a video on recording in public in Ireland / cctv outside your home with regard to GDPR relating to this?
Personal recording is not subject to GDPR, private residences are also not subject to GDPR
Is there a name to this case already? Employee -v- Dawn Meats 2022?
Here is the Irish Times report of the case www.irishtimes.com/news/crime-and-law/employee-sacked-after-he-was-pictured-working-on-farm-while-sick-wins-case-1.4868229
You will be able to search the WRC website to get the case itself
@@terrygorry Thanks
Sorry to say that I completely disagree, procedures are purposely made to be complicated so that no matter what an employer does , in the eyes of judicators it’s never proper and this case is the perfect example!!!