Risks for prized employees in playing the field with rival employers
In a case involving a Professor of bio-technology in Dublin City University (DCU), the University was unsuccessful in their appeal to the Supreme Court against the High Court decision that the dismissal of the Professor was invalid. Back in March 2006, Professor Cahill met with the President of DCU and told him that he had been made an offer by NUI Galway, to move to Galway and take-up the Chair of Molecular medicine with his research team. Professor Cahill says that he was informing the President of this offer to see if there would be an improved offer from DCU. The President’s view was that Professor Cahill had indicated that he intended to resign. It was agreed that Professor Cahill never tendered a formal resignation. Professor Cahill did not give any date for his exit from the College and eventually, after numerous requests Professor Cahill would not name his date for departure. DCU decided the only course open to it was to dismiss Professor Cahill as they wished to make arrangements for when he left. The Court found that the decision of DCU to bring matters to a head and to find out where it stood was reasonable, however, the dismissal by DCU was unlawful. The action taken by DCU to dismiss Professor Cahill breached the terms of the University Act 1997 whereby Professor Cahill was entitled to fair procedures. Professor Cahill should have been given a final warning so that he could make submissions as to why he should not be dismissed.
Interestingly, in making its decision, the Supreme Court avoided any decision in relation to the other two unlawful grounds found by the High Court and in particular, any analysis of the meaning of “tenure”, in a University context. The case shows that for an employee there are risks in trying to negotiate improved terms and conditions such as salary and or bonus, by notifying an employer of a competitors offer. This can also cause untold problems for an organisation with the lack of clarity which may ensue.
This is a summary of recent legal developments. Specific legal advice should be obtained in every situation. If you have any queries regarding the advice please contact Davnet O’Driscoll Associate Solicitor of the Employment Law team at dodriscoll@hayes-solicitors.ie