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Flashcards by skirdaghgirl, updated more than 1 year ago
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| Question | Answer |
| Garvey v Ireland | Under Article 40.3 an employee is entitled to fair procedures. |
| Connolly v McConnell | Employee must be given the reasons for his dismissal, an adequate opportunity to defend himself and the decision maker must be impartial. |
| Western Excavating v Sharp | Under the Act the test for constructive dismissal is whether the employer has breached a fundamental term of the contract. |
| Leeson v Glaxo | The Circuit Court on appeal held that an employer is entitled to offer constructive criticism. This was not constructive dismissal. |
| Dujne v Irish Chamber Orchestra | The two 11 month periods of employment could be added together to give a years continuos service. |
| Mc Cormac v PH Ross | The plaintiff could not have been dismissed for attitude alone. The dismissal must have been related to the union activities. |
| Merriman v St James Hospital | The setting up of the alter was obnoxious to her on religious grounds and therefore the dismissal was unfair. |
| Flynn v Sisters of the Holy Faith | She had been warned and was dismissed for refusing to terminate the relationship so the dismissal was upheld. |
| Milchem Inc v White | The dismissal was unfair and could not be justified. |
| Connolly v Carey Glass | The EAt held that it was reasonable for the employer to believe that the plaintiff was capable of work and therefore the dismissal was justified. |
| Kiernan v A-Wear | Dismissal was too extreme. A warning would have been more appropriate. |
| Molloy v Irish Glass Bottle Co | The question is whether the employer is reasonable in thinking that he could not rely on the plaintiffs continued attendance at work. |
| Byrne v St James Hospital Board | A reasonable employer must fully investigate whether an employee might be available to fulfill alternative work. |
| Reidy v Sun Electric | The number of warnings he had been given undermined their effectiveness and the dismissal was in fact unfair. |
| Justice Clarke in Maher v Jabil Global Services | An employer is entitled to set ambitious standards provided that they are achievable. |
| Flynn v CIE | The dismissal was fair in the circumstances as he no longer had the necessary qualifications. |
| Panisi v JVC Europe | The EAT held that the company was effectively trying to disguise a cost cutting measure by calling it a redundancy. The dismissal was unfair. |
| Hennessy v Read and Write Shop | Reasonableness involves the nature and extent of the inquiry and the conclusion reached. |
| Foley v KIely Transport | The EAT held that this was not reasonable behaviour by the employer. The plaintiff was never given a chance to defend himself and the dismissal was unfair. |
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