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ARTICLE · 31 AUGUST 2017

Summary Dismissals - Pitfalls And Hazards For Employers

RDJ LLP
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The recent Labour Court case of DHL Express (Ireland) Ltd. and Michael Coughlan (UDD1783) serves as a useful touchstone for employers in terms of the high bar that must be satisfied where employees...

IrelandEmployment and HR
Harry Wall
Harry Wall
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The recent Labour Court case of DHL Express (Ireland) Ltd. and Michael Coughlan (UDD1783) serves as a useful touchstone for employers in terms of the high bar that must be satisfied where employees are summarily dismissed for gross misconduct.

Mr Coughlan had been employed as a driver by DHL Express for 11 years. He was involved in a minor accident, causing some damage to his van. Following an investigation and disciplinary hearing his actions were adjudged by the company to amount to gross misconduct and he was summarily dismissed. Mr Coughlan successfully brought an unfair dismissal claim to the Workplace Relations Commission ("WRC"), at which point the company appealed the Adjudication Officer's decision to the Labour Court.

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