Gross Misconduct cases provide grounds for the employee to be dismissed immediately, without notice, or for the employer to pay in lieu of a notice period.
However, a fair process (as outlined in the related process manual) must first be followed before the decision to dismiss is made.
Our Irish contract Clause 16. covers these scenarios: “ We may, at our discretion, terminate your employment with immediate effect at any time (including a time after you or we have given notice of termination to the other) by notifying you that:
We are exercising our right to terminate your employment and make a payment in lieu of notice; and
We shall pay you a sum equivalent to your basic salary (less deductions for tax, PRSI and any other deductions required by law) in lieu of notice or in lieu of any unexpired part of your notice (“Payment in Lieu”).
The following list is potential grounds for gross misconduct, and is not an exhaustive or definitive list:
you commit any serious or repeated breach of this Agreement or refuse or neglect to comply with any reasonable and lawful direction;
you commit any breach of your duty of good faith to the Client or to us, or fail to act in our or the Client’s best interests;
you have, or we reasonably consider that you have, committed gross misconduct;
you have, or we reasonably consider that you have, materially damaged or acted in a way which is likely to materially damage: your; our; or the Client’s reputation;
you become bankrupt or make any arrangement or composition with or for the benefit of your creditors generally;
you are unable to demonstrate that you have the right lawfully to work for us in Ireland or if you cease to have the right lawfully to work for us in Ireland;
you are convicted of any criminal offence (other than an offence under any road traffic legislation in Ireland or elsewhere for which a fine or non-custodial penalty is imposed);
you have acted in serious breach of any statutory or other reasonable rules and regulations applicable to you while performing the duties and/or responsibilities under this Agreement which you are required to perform during the Assignment;
we reasonably believe that you have not observed any condition relating to Confidentiality and Intellectual Property applicable to you from time to time; or
any other circumstances arise in which termination having immediate effect is appropriate.
Source (if any): Legal opinion, Ireland Employment Contract