Maintaining Standards - How To Fairly Dismiss An Employee In A Controlled Function

Where employees of regulated financial services providers ("RFSPs") who perform Controlled Function ("CF") roles breach the standards required of them to perform their role, dismissal may be considered a reasonable sanction, provided the employer complies with its disciplinary procedure and the principles of natural justice. RFSP employers should also have regard to the Central Bank of Ireland's ("CBI") Fitness and Probity regime.

Here we examine two recent cases of the Labour Court and Workplace Relations Commission and highlight what regulated employers should do to successfully defend unfair dismissal claims by senior employees.

Controlled Function Roles

In both cases, the employees were performing a CF role under the CBI's Fitness & Probity regime, as prescribed in the Central Bank Reform Act 2010 (Sections 20 and 22) Regulations 2011, as amended.