Public Transport Employee Dismissed for “Gross Misconduct” Wins Reinstatement

A public transport employee who spat at a member of the public and was dismissed for “gross misconduct” has won her case to be reinstated in employment with the employer.

(Appellant: employee

Respondent: employer)

Member of the public annoying other passengers-appellant intervened-appellant was racially abused and spat at-she spat back at the passenger-all was recorded on CCTV-appellant admitted she was at fault in disciplinary process-employer dismissed her for “gross misconduct”-appellant brought case to Rights Commissioner-Rights Commissioner rejected her case-appealed to Employment Appeals Tribunal-appellant appealed the “too severe” penalty-pointed to her excellent prior record-EAT found that the dismissal was disproportionate-referred to section 6(1) of Unfair Dismissals act, 1977-”substantial” grounds are required to justify dismissal-EAT found that appellant’s conduct contributed to her dismissal-nevertheless appellant to be re-engaged back into the position she previously held and to take effect from 1st Jan. 2012-the period of absence from December 2010 to January 2012 to be counted for continuous service but not remuneration or leave entitlements.


Date of Hearing: 4th April, 2013

For Appellant: Rosemary Mallon B.L. instructed by B.P. O’Reilly Solicitors, Tallaght, Dublin 24

For Respondent: David Farrell, IBEC, Lower Baggott Street

Read full decision here

FAS Community Employment Employee Wins Unfair Dismissal Case and is Reinstated

A FAS community employment scheme worker wins her unfair dismissal case where her fixed term contract was not renewed.

Employee with Council as part of FAS Community Employment Scheme-fixed term contracts-2 fixed term contracts-scheme ended-11 people had their contract renewed-claimant’s contract not renewed-dismissed on recommendation of line manager-EAT finds unfair dismissal-two further years’ work available-not offered to claimant-no reason given-claimant did not seek reason on dismissal-Tribunal directs reinstatement for the remaining two years.

For Claimant: In person

For Respondent: In person

Date of Decision: 10th April, 2013

Read Full Decision Here