Disciplinary & Grievance Handling

Handling Disciplinary & Grievance Hearings Fairly and Within The Law

It is inevitable that grievances and disciplinary issues will arise in the workplace and legally employees have clear rights and a high level of protection afforded to them on how such matters are dealt with. The Unfair Dismissals Acts 1997 - 2007 outlines that employees must be issued with a dismissal procedure within 28 days of commencement of employment. In addition, under the Statutory Code of Practice on Grievance and Disciplinary Handling (S.I. no 146/2000) all workplace grievance and disciplinary issues must be handled in accordance with due process and the principals of natural justice including:

• the right to a fair hearing;
• the right to respond;
• the right to be accompanied; and 
• the right of an independent appeal.

The unfair dismissal legislation also outlines the specific situations where dismissals will be automatically deemed unfair as well as what may be deemed to constitute a fair dismissal provided due process and procedures have been followed and provision is made for compensation of up to two years salary to be made to employees who are not dismissed fairly.  And in practice awards are often made based on lack of due process and procedure being followed even when a substantive and legitimate reason for dismissal existed.

If you need expert advice and support on how to handle grievance and disciplinary issues professionally and within the law so that you can avoid unnecessary litigation and costs, HR Solutions can provide support in a number of ways including:

• drafting robust disciplinary and grievance procedures;
• providing advice on the correct steps and processes to be followed from receipt of a grievance or allegation of misconduct arising; or
• conducting grievance and disciplinary meetings or appeals on behalf of employers.