In a decision of 23 March 2017 (no. 7522), the Supreme Court has stated that the dismissal for poor performance of an employee who has committed a significant breach of his employment obligations is lawful if that breach is attributable to the employee (whether through negligence or otherwise).


The Supreme Court held that it is not necessary for the contractual breach to have been the subject of other previous disciplinary procedures, resulting in a sanction - that would be a significant duplication of the employee's conduct.

The Supreme Court has also highlighted that a dismissal for poor performance will only be legitimate in circumstances where an employee's performance is lower than average and is negatively affecting work production.