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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?

Protected Disclosure Penalisation Award

The Complainant was awarded €4k compensation for penalisation in respect of how his protected disclosure was handled, and his employer ordered to implement it's own Protected Disclosures Policy and resolve outstanding questions of fact as raised within the disclosure (Ref ADJ - 00017774).

Setting Up a Workplace Investigation

This article outlines some key considerations when setting up a workplace investigation, whether it is to deal with alleged misconduct, a bullying or harassment complaint or an employee grievance. Taking time at the outset to ensure that an investigation is correctly framed and structured, will help ensure that all parties receive a fair hearing and that outcomes will be robust and stand up to scrutiny if challenged.

Re-engagement Ordered By Labour Court After Flawed Investigation And Disciplinary Process.

The determination published earlier this year in the SSP Ireland v Albert Fordjour provides some useful lessons for employers on the necessity of adopting fair procedures at all stages of the investigation and disciplinary processes and in particular around the interviewing of proposed witnesses (Ref UDD 1758).

Flawed Investigation LeadsTo Award of €15,000 to Dismissed Cashier.

In Determination UDD 1739 the Labour Court upheld an appeal by a till operator who had been dismissed by Woodies, as the Investigation conducted by the Company did not reasonably conclude on the balance of probabilities that the dismissed employee had taken a missing €50 note.

Dismissal Unfair Despite CCTV Confirming Theft

A recent case published by the WRC confirmed the high standards required to ensure that the principles of natural justice are fully adhered to during workplace investigations (Ref ADJ - 00004127)

Effective Interview and Investigation Questioning

It goes without saying that one of the essential competencies required in workplace investigations (and other forms of interviews) is the ability to ask the right questions. This article offers some useful tips for effective questioning:

Conducting Fair and Robust Workplace Investigations

This summary article provides some essential guidance on some of the key preliminary 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.

Conducting Fair Work Place Investigations & Disciplinary Hearings

This article will look at two cases that provide useful learning points on how to conduct fair investigations and disciplinary hearings in the workplace including the need to keep the investigation and disciplinary processes separate.

Costly HR Mistakes (PART 1)

Being complacement with how investigations are conducted as well as not being aware of and acting on inappropriate workplace banter are just two of the areas in HR practice that can prove very costly to employers but can easily be avoided.

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