Maher v. Irish Permanent plc [1997] IEHC 225 (7th October, 1997)

Maher v. Irish Permanent plc [1997] IEHC 225 (7th October, 1997)

The plaintiff failed to establish that the proposed disciplinary procedures were unfair or breached natural justice; hearsay evidence may be admitted in internal disciplinary hearings provided a fair hearing is ensured; past conduct subject to a final warning may be considered in subsequent investigations.

Citation
[1997] IEHC 225
Parties
Plaintiff: Maher; Defendant: Irish Permanent plc
Jurisdiction
Ireland
Procedural Posture
Plenary Summons / Interlocutory Application for Injunction
Outcome
Application for injunction refused
Legal Topics
Disciplinary Procedures, Natural Justice, Hearsay Evidence, Injunctions
Employment Law Administrative Law Disciplinary Procedures Natural Justice Hearsay Evidence Injunctions

Case Brief

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Parties

Maher

Plaintiff

Irish Permanent plc

Defendant

Procedural Posture

Plenary Summons / Interlocutory Application for Injunction

Legal Issues

  1. 1 Whether the proposed disciplinary procedures breach the defendant's own procedures and principles of natural justice
  2. 2 Whether hearsay evidence can be admitted in internal disciplinary hearings
  3. 3 Whether past conduct subject to a final warning can be considered in subsequent disciplinary proceedings

Ratio Decidendi

The plaintiff failed to establish that the proposed disciplinary procedures were unfair or breached natural justice; hearsay evidence may be admitted in internal disciplinary hearings provided a fair hearing is ensured; past conduct subject to a final warning may be considered in subsequent investigations.

Court Disposition

Application for injunction refused

Orders

  • Plaintiff's application for interlocutory injunction is refused
  • Question of costs reserved