Introduction

As a ground for fair dismissal the term conduct covers a very large area of behaviour. There is a need to distinguish between gross misconduct and ordinary instances of misconduct.

Gross misconduct may give rise to instant (summary) dismissal without notice or pay in lieu of notice. Examples of gross misconduct include assault, drunkenness, stealing, bullying or serious breach of your employer’s policies and practices. Your contract of employment may contain further information concerning gross misconduct.

Ordinary instances of misconduct may be a series of minor incidents which, when taken together, are enough to warrant dismissal, although your employer is obliged to give you notice or pay in lieu of notice in this type of situation.

Your employer will need to investigate each situation adequately to obtain all the facts of the case. Except in cases of gross misconduct, you must have been given appropriate warnings about your conduct and been made aware that dismissal might result if the problems continue. If this has been done, the dismissal is fair, because you have been given a chance to improve your conduct.

The Workplace Relations Commission’s Code of Practice: Grievance and Disciplinary Procedures states that employers should have written grievance and disciplinary procedures and they should give employees copies of these at the start of their employment. Under the unfair dismissals legislation employers are required to give the employee in written notice of the procedures to be followed before an employee is dismissed. This must be done within 28 days of entering the contract of employment.

Further information

For further information please email Barry Crushell of Aperture Partners Advisory at bcrushell@aperturepartners.ie or call 01-9053503.

Please note that the material contained herein is for general information purposes only and does not constitute legal or other professional advice. Reference accurate at time of publication but subject to change.