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ARTICLE · 05 MARCH 2020

Fitness And Probity, Control Functions And Unfair Dismissal

In Permanent TSB v Christopher Callan, the Labour Court found that the dismissal of a senior customer adviser (a control function) by Permanent TSB ("PTSB"),...

IrelandEmployment and HR

In Permanent TSB v Christopher Callan, the Labour Court found that the dismissal of a senior customer adviser (a control function) by Permanent TSB ("PTSB"), for a serious and deliberate error involving a bank draft that breached PTSB policies of which he was aware, was within the range of reasonable responses open to an employer.

Mr Callan's case

The incident that led to Mr Callan's dismissal involved an endorsed bank draft and the facts were not disputed by the parties. Mr Callan outlined that it was a busy day and he was stressed because of problems with a machine. Mr Callan informed a female customer that her bank draft needed to be endorsed by her partner. She had "got flustered" and said that it was not a joint account. Mr Callan said he was "distracted" and told the customer in question to put both names on the draft. Mr Callan then lodged the draft to the customer's account.

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This article contains a general summary of developments and is not a complete or definitive statement of the law. Specific legal advice should be obtained where appropriate.

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