Gross Misconduct – Unfair Dismissal Ireland

There can be much confusion within the employment relationship as to what constitutes Gross Misconduct in a work context, which can result in unfair dismissal claims being taken in Ireland.

By way example say employee x was engaged in out of hours work for the employer.

The employment contract states the employee was required to carry out further hours ie outside the normal timeframes to fulfil business needs.

When the employee signs the contract there is no specificity in terms what number of additional hours this involves and an employer considers 20 additional hours, for example, as reasonable.

The employee then once they start the role has a difficulty with these additional hours and an employer considers the employees refusal to complete the additional hours as a protest and refusal to carry out an employer instruction.

The employer then proceeds to make a decision to dismiss the employee for gross misconduct for what they consider is insubordination and a breach of contact and trust involved in the relationship.

As a description of what gross misconduct entails is not specified within the legislation it can lead to confusion.

A helpful description of conduct that constitutes misconduct can be seen in the following case, namely L. V B. M160/1978 wherein it was stated in relation to serious misconduct:

We have always held that this exemption applies only to cases of very bad behaviour of such kind that no reasonable employer could be expected to tolerate the continuance of the relationship for a minute longer, we believe the legislature had in mind such things as violent assault or larceny or behaviour in the same serious category.

Disclaimer – Gross Misconduct Unfair Dismissal Claim

Please be advised that the above-mentioned material is intended as an overview and as a broad out-line of the topic discussed. It should not be considered as complete and comprehensive legal advice, nor act as an appropriate substitute. Legal advice should be sought from a solicitor prior to relying on anything in this article.

Due care has been taken in the publication of this article and we do not accept legal liability as a result of reliance on any material covered in the above article.

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