gross misconduct

G

grace85

Guest
Hi All,
Just wondering if someone is fired for gross misconduct are they entitled to holiday money that they have accrued, and also entitlement to wage for the week worked prior to dismissal ?

Grace
 
Yep - I also believe so. If the employer suffered damage as a result of the gross misconduct, they can (try to) sue but they can't withhold money actually earned.

Sprite
 
Thanks for your replies, thats what I thought too, the situation involved after hours drinks which were not paid for at the time but subsequently were when the matter was discovered.

The employee was confronted , owned up and paid there and then , was put on 1 weeks suspension and told a meeting would take place during that week to discuss the matter - no meeting took place, numerous phonecalls from employee later and he was told another weeks suspension, finally said meeting took place and employee was fired, no wages for week worked prior to suspension, no holiday money that had been accrued , is this legal?

grace
 
As already stated they are most likely entitled to any wages already earned and payment in lieu of accrued holidays and maybe also notice period not served.

May depend on the contract of employment and the disciplinary process in place. However I'd imagine that theft might generally be considered gross misconduct and a firing offence. After all it's a criminal offence! Coming clean once confronted arguably doesn't wipe out the original transgression. NERA (www.employmentright.ie) might be able to advise on the statutory rights in this situation.
 
Was employee only person who did not pay, was it custom and practice to take drink, was this a one off situation .....


Maybe the employer acted hastily, and agree you need specific case handled by legal.

http://www.flac.ie
 
hi,
no this employee was not the only one but paid for everyones drinks, no one else was questioned about it ,
grace
 
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