Employee Loses Unfair Dismissal Claim After Unauthorised Relocation to India

In this Case, the Complainant was a Dublin-based Employee who relocated to India in September 2024 and continued working remotely without documented approval. When concerns arose following a performance review, the Respondent established through access card and IP address data that the Complainant had been working from India.

The Respondent conducted a full investigation and disciplinary process before terminating the employment contract for fundamental breach of contract. The Adjudicator accepted that the Respondent had followed a fair procedure and had substantial grounds to terminate the employment relationship.

This recent decision illustrates how Organisations often succeed or fail in unfair dismissal claims based on the fairness of their disciplinary process rather than the seriousness of the Employee’s misconduct. Here, the Respondent’s strict adherence to its contractual and disciplinary procedures was instrumental in successfully defending the claim.

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