Other substantial Grounds -for fair dis

Competition /conflict of interest
1. Family Connection
2. Employer is entitled to dismiss when he can prove employee is competing against him
  1. HARRIS & RUSSELL Ltd v Slingsby 1973 UK
    1. Employer cant dis an employee who was looking for work of a competitor
      1. Unless it was done in order to abuse his confidential postition
    2. Preece v Irish Helicopters Ltd 1984 (EAT)
      1. In contract he signed he wouldnt do work outside of job that might be in conflict with Irish Helicop Ltd
        Company got info that he was setting up company & applying for licence , he was interviewed , he said nothing asked to sign undertaking
        He refused , comp said he damaged the trust & confidence between them
        EAT HELD : EMPLOYER allowed to insist that employee not interest himself in a comp which will compete wit biz of the employer
      2. Mulchrone v Feeney 1982
        employee worked for confectioner in westport
        in her spare time she worked for direct competitor
        dismissed for undermining the biz & danger she could be passing on trade secrets
Family Connection
1. Goggin Carroll & Co . v Dineen 1985
  1. insuran brokers in charleville - Employees boyfriend setting up competing biz in town
    1. employers wer happy she wouldn deliberatly expose secrets , but may inadvertently do so..
      1. She was offered a position 30 miles away , she refused & was dismissed
        HELD: unfair bcos fear of unexpected slip, not grounds for dismissal
    2. inconsistent with employers business
      1. O' Donoghue v Carroll Group Distributors Ltd 1982
        cig factory - sticker on van said no smoking
        in view of customers and employees
        refused to remove & refused to park at rear of premises
        dismissed was held to be fair
  2. Coffey v Alcan metal centres 1990
    1. Eat found similar circumstances
      1. fair dismissal
        employees brother & fiance worked with her in co
        B and Fiance move to competitor
        She got married to fiance
        no other reasonable option other than dismissal
  3. Fairbrother v Stiefel Laboratories ltd 1985
    1. Pharmaceutical case- wife competing but real concern was confidentiality
      1. He wouldn ask wife to cease so they sacked him , it was held fair on basis of conflict of interest
Criminal Convictions
1. May justifie conviction if it is connected to employment or affect rep of business
  1. O' leary v Thomas Crosbie 1983
    1. Employee- convicted of indecent assault
      1. HELD EAT: CRITICAL FACTOR
        ONUS ON EMPLOYER TO SHOW THAT WHETHER OR NOT CLAIMANTS CONDUCT WAS UNSUITABLE FOR EMPLOYMENT
        HELD UNFAIR DISMISSAL
CONDUCT

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Other substantial Grounds -for fair dis

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	Created by sinead250193 almost 11 years ago