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Wrongful Dismissal (power to dismiss on good notice is limited (reasons…
Wrongful Dismissal
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Summary Dismissal
Williams v Leeds sufficiently serious breach of conduct of employment such that the conduct repudiates the contract
Breach of a Term
William v Leeds sent pornographic emails via clubs email system - breached implied duty of trust and confidence
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Carvill v National Bank breached implied duty, not demonstrating degree of competence had represented when employed, HC must be more then mere error of judgement
breach of implied duty
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Carville v Irish Bank act honestly towards employer and not misuse employers property, degree of competence had represented when originally employed
Sufficiently serious
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McCormack v Hamilton Academy drunkenly abused foreign player, one of incident (take into account wider context) - inaction (Delay) (july to September) consider exonerating circumstances
Carville v Irish Bank high degree of incompetence, judged by people in business in Ireland
Fair Procedures
Gunn v NCAD fair procedures essential to every dismissal, doesn't depend on status of employee
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no general right to legal representation Iarnrod Eireann v McKelvey depends on both parties, could make relationship worse
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