Episode 61: Nolan v Science Foundation Ireland

Matheson LLP, Irish Law Firm

In this episode of the Matheson Employment Law Podcast Series, Bryan Dunne, Head of Employment, reviews the Irish High Court decision of Philip Nolan and Science Foundation Ireland from last June. This was an application for an injunction to restrain a dismissal, following an investigation into certain allegations against the plaintiff. The case, however, addressed the question of whether an employer can dismiss an employee arising out of an investigation without applying fair procedures, so long as it can show the basis for the dismissal was not misconduct. Bryan takes a look at the various employment law issues arising out of this case, including further clarification on when an employer must apply fair procedures, and whether there are circumstances where an employer is better off strategically to call out performance or other workplace issues relating to the employee, rather than take a pure no fault termination approach.