The Labour Court allowed Boston Scientific’s appeal and set aside an earlier decision that had found Paul Sheehan’s minimum notice complaint well founded. The Court held that Sheehan was not entitled to notice when he was dismissed. Its decision was dated 7 March 2024.
Boston Scientific said Sheehan’s repeated absences and failures to clock out amounted to gross misconduct, so no minimum notice was due. Sheehan argued that he should not have been dismissed for gross misconduct and was entitled to notice.
The Court applied the law allowing an employer to terminate a contract without notice because of misconduct. Sheehan began work in July 2019 and was dismissed in January 2020.