Other substantial Grounds -for fair dis

Other substantial Grounds -for fair dis

1. Competition /conflict of interest

   • Family Connection
   • Employer is entitled to dismiss when he can prove employee is competing against him
     • HARRIS & RUSSELL Ltd v Slingsby 1973 UK
       • Employer cant dis an employee who was looking for work of a competitor
         • Unless it was done in order to abuse his confidential postition
       • Preece v Irish Helicopters Ltd 1984 (EAT)
         • 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
         • 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

2. Family Connection

   • Goggin Carroll & Co . v Dineen 1985
     • insuran brokers in charleville - Employees boyfriend setting up competing biz in town
       • employers wer happy she wouldn deliberatly expose secrets , but may inadvertently do so..
         • She was offered a position 30 miles away , she refused & was dismissed
           • HELD: unfair bcos fear of unexpected slip, not grounds for dismissal
       • inconsistent with employers business
         • 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
     • Coffey v Alcan metal centres 1990
       • Eat found similar circumstances
         • 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
     • Fairbrother v Stiefel Laboratories ltd 1985
       • Pharmaceutical case- wife competing but real concern was confidentiality
         • He wouldn ask wife to cease so they sacked him , it was held fair on basis of conflict of interest

3. Criminal Convictions

   • May justifie conviction if it is connected to employment or affect rep of business
     • O' leary v Thomas Crosbie 1983
       • Employee- convicted of indecent assault
         • HELD EAT: CRITICAL FACTOR
           • ONUS ON EMPLOYER TO SHOW THAT WHETHER OR NOT CLAIMANTS CONDUCT WAS UNSUITABLE FOR EMPLOYMENT
             • HELD UNFAIR DISMISSAL

4. CONDUCT