McCall v. An Post [1998] IESC 53 (4th December, 1998)

McCall v. An Post [1998] IESC 53 (4th December, 1998)

Article 1.4 governs Article 3.3; an employee must have a clear period of four years of satisfactory service before disciplinary records are purged. Therefore, older reprimands may be considered if there is no such period.

Source-derived case information.

Citation
[1998] IESC 53
Parties
Appellant: Appellant (unnamed postman); Respondent: An Post
Jurisdiction
Ireland
Procedural Posture
Case Stated From Circuit Court Under S.16 Courts of Justice Act, 1947 / Supreme Court Determination of Questions of Law
Outcome
First question answered in the negative; second question does not arise.
Legal Topics
Unfair Dismissal, Disciplinary Procedures, Interpretation of Employment Agreements
Employment Law Labour Law Unfair Dismissal Disciplinary Procedures Interpretation of Employment Agreements

Source-derived case record

Summary, issues, holding and outcome

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Parties

Appellant (unnamed postman)

Appellant

An Post

Respondent

Procedural Posture

Case Stated From Circuit Court Under S.16 Courts of Justice Act, 1947 / Supreme Court Determination of Questions of Law

Legal Issues

  1. 1 Whether Article 3.3 of the grievance and dispute procedures precludes consideration of written reprimands for serious offences more than two and four years old in unfair dismissal proceedings under s.6(1) of the Unfair Dismissals Act, 1977–1993
  2. 2 If so, whether the dismissal was unfair because the employer considered material excluded by Article 3.3

Ratio Decidendi

Article 1.4 governs Article 3.3; an employee must have a clear period of four years of satisfactory service before disciplinary records are purged. Therefore, older reprimands may be considered if there is no such period.

Court Disposition

First question answered in the negative; second question does not arise.