01 Sep Process Process Process
The case of Nkemka Patrick Okachi v Sodexo Ireland Limited (ADJ-00045306) provides lots of learning on the necessity for fair and objective processes before taking the decision to dismiss....
26 Nov The Cost of the Christmas Party !
Posted at 12:33h
in disciplinary process, dismissal, gross misconduct, unfair dismissal, workplace investigations
With the Christmas Party season kicking off this weekend, employers need to be aware of the potentiual additional costs that can arise, particulary when too much alcohol is involved, with case law clearly establishing the worpkplace connection with social events, even when the party has finished....
04 Oct Workplace Theft
This recent case illustrates that due process is still required when theft in the workplace has been admitted....
21 Sep Process Process Process
Posted at 11:00h
in disciplinary process, dismissal, employment law, fair procedures, unfair dismissal, workplace investigations
Some useful reminders in this recent case on the absolute necessity to ensure that Terms of Reference are adhered to in workplace investigations, as well as ensuring any right to appeal in a policy is always offered....
11 Aug Dismissal Without Warning @ Dundalk FC. A costly game!
Posted at 10:42h
in disciplinary process, dismissal, employment law, fair procedures, unfair dismissal, workplace investigations
In one of a number of well publicised employment cases involving Dundalk FC, its former Chief Operations Officer, Martin Connolly was awarded almost €17,000 compensation after being dismissed in February 2024 without any warnings, investigation, or disciplinary hearing. ...
15 Jul Conducting Fair and Robust Workplace Investigations
This summary article provides some essential guidance on some of the key steps that should be taken to ensure that a workplace investigation process is robust and can stand up to scrutiny in the event that it leads to further action being taken under the disciplinary policy or findings of misconduct such as bullying and harassment being made against employees....
01 Jul Disciplinary & Investigation Procedures Part 2
Following on from my last post on the separation of stages within the disciplinary process, another example of how costly it can be not to adhere to fair procedures before dismissing an employee. In this case an award of almost €50,000 after six months paid suspension, during which no investigation or disciplinary hearing took place....
20 Jun Disciplinary & Investigation Procedures
Posted at 13:34h
in disciplinary process, dismissal, employment law, Uncategorized, unfair dismissal, workplace investigations
Despite a substantive reason for dismissal, the poor process followed and procedural flaws resulted in €8,000 being awarded to Bar Manager who misapplied the Tips Policy....
23 Mar Gross misconduct dismissal for theft arrest
The recent upholding by the WRC of the dismissal of a senior long serving manager highlights the need for robust procedures and the consideration of alternatives before proceeding to dismissal....
07 Oct Gross Misconduct
Gross misconduct dismissals have a much higher standard to meet than a standard dismissal to demonstrate that the employment relationship cannot continue with immediate effect and that notice does not need to be paid....