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Remote Disciplinary & Grievance Hearings

As Covid -19 ongoing restrictions mean that normal work place attendance may not resume in the near future for a lot of organisations, it is clear that the standard face to face meeting format for a range of typical workplace situations, such as grievance and disciplinary hearings will not be available for some time. It is also notable that the Supreme Court held it's first sitting ever via remote video technology last week, and the Workplace Relations Commission has published a consultation paper on conducing hearings remotely and by written submissions. So how can these meetings be managed and what are the pitfalls?

Right To Legal Representation At Disciplinary Hearings

The Court of Appeal decision last October in Irish Rail v McKelvey has provided some much needed clarity for HR practitioners on the issue of whether legal representation should be permitted at internal disciplinary hearings, following the confusion caused by the earlier decision of Eagar J in Lyons v Longford & Westmeath ETB.

€90k Awarded For Probationary Period Dismissal

This recommendation by the Labour Court (LCR21798) is a very useful reminder about the significant potential cost of not adhering to fair procedures when terminating employment during the probationary period.

Incapacity Dismissal

The Labour Court appeal case of Noonan Services Group & Elvira Kravcova (Ref UD D1637) highlights yet again the need for employers to fully review relevant occupational and medical evidence that is available in respect of whether employees are fit to carry out their duties and to consult fully with employees prior to making a decision to dismiss.

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