[quote=Dalymountrower;1167124]John 83 states
"Perhaps you meant to say that an employee's right to have his say on an incident before being sacked is sacrosanct. I'd not argue it, beyond to say that I think it's a technicality here for which he'll get minor redress in court." ]
As someone who works in the Labour Law area I can assure all that the employee's right to defence is not sacrosanct (cases involving violence, serious misconduct etc can and do result in instant dismissal). It is however considered best practice to allow the employee a chance to defend his/her actions. Where the right to defence is bypassed the onus would be on the employer to prove why it was deemed necessary to do so. There is plenty of case law from the EAT and/or Labour Court to back up this analysis.
Were he to take a case under Contract Law (ie breach of contract by Dundalk) the club would, again, have to justify the decision to unilaterally terminate the contract.either way it seems to me that Dundalk will have a case to prove.
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