Maher v. Irish Permanent plc [1997] IEHC 150; [1998] 4 IR 302 (29th August, 1997)

Maher v. Irish Permanent plc [1997] IEHC 150; [1998] 4 IR 302 (29th August, 1997)

The Defendant's dismissal decision was based on a hearing conducted in the absence of the Plaintiff and his legal representative, contravening elementary fair procedures; therefore, the dismissal cannot stand and the Plaintiff's employment subsists.

Citation
[1998] 4 IR 302
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Jurisdiction
Ireland
Procedural Posture
Plenary Summons / Judgment After Interlocutory Injunction
Outcome
Plaintiff's employment not terminated; injunction granted restraining Defendant from further steps to terminate employment except in accordance with disciplinary procedure and principles of natural justice.
Legal Topics
Fair Procedures, Disciplinary Process, Natural Justice, Dismissal, Legal Representation
Employment Law Constitutional Law Fair Procedures Disciplinary Process Natural Justice Dismissal Legal Representation

Case Brief

Summary, issues, holding and outcome

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Plenary Summons / Judgment After Interlocutory Injunction

Legal Issues

  1. 1 Whether the Defendant complied with its disciplinary code and fair procedures in investigating allegations and dismissing the Plaintiff
  2. 2 Whether the Plaintiff was entitled to legal representation and access to complainants' statements
  3. 3 Whether the dismissal decision was valid given procedural defects

Ratio Decidendi

The Defendant's dismissal decision was based on a hearing conducted in the absence of the Plaintiff and his legal representative, contravening elementary fair procedures; therefore, the dismissal cannot stand and the Plaintiff's employment subsists.

Court Disposition

Plaintiff's employment not terminated; injunction granted restraining Defendant from further steps to terminate employment except in accordance with disciplinary procedure and principles of natural justice.

Orders

  • Order restraining Defendant from terminating Plaintiff's employment except in accordance with disciplinary procedure and principles of natural justice.
  • No order for reinstatement as manager pending resolution of allegations.