O'Leary -v- An Post [2016] IEHC 237 (12 May 2016)

Plaintiff is entitled to be informed of the specific findings of serious misconduct forming the basis for dismissal; failure to do so breaches fair procedures and natural justice. No entitlement to cross-examination or benchmarking data disclosure was established. Injunction granted restraining appeal hearing until statement of misconduct is provided.

Citation: [2016] IEHC 237
Parties: Plaintiff: Finbarr O’Leary; Defendant: An Post
Jurisdiction: Ireland
Judgment Date: 12 May 2016
Procedural Posture: Employment Injunction Application / Interlocutory Application Pending Internal Disciplinary Appeal
Outcome: Interlocutory injunction granted in part
Legal Topics: Disciplinary Procedures, Natural Justice, Fair Procedures, Dismissal, Injunctions

Employment Law Contract Law Disciplinary Procedures Natural Justice Fair Procedures Dismissal Injunctions

Case Brief

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Parties

Finbarr O’Leary

Plaintiff

An Post

Defendant

Procedural Posture

Employment Injunction Application / Interlocutory Application Pending Internal Disciplinary Appeal

Legal Issues

1 Whether the plaintiff was afforded fair procedures in the disciplinary process
2 Whether the plaintiff was entitled to cross-examine witnesses
3 Whether the plaintiff was entitled to disclosure of benchmarking data

Ratio Decidendi

Court Disposition

Interlocutory injunction granted in part

Orders

Defendant restrained from hearing plaintiff’s appeal unless and until it provides plaintiff with a statement of the serious misconduct by reference to which the decision to dismiss was made