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Trouble At The Christmas Party !

With the Christmas party season about to get underway this weekend, employers need to be aware of the potential costs of not dealing correctly with issues that may arise during workplace social events.

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).

Gross Misconduct Dismissal Held To Be Fair

The Labour Court recently rejected an appeal by a hotel worker that his summary dismissal for breach of IT & Security Policies was unfair and confirmed that the decision to dismiss was within the range of responses of a reasonable employer with regard to the employee's conduct and that his dismissal was not unfair (Determination UDD 1839).

Beauty Therapist Retains 10k Award in Appeal

In this recent Labour Court Determination(UD1835), following an appeal by a Beauty Company against an Adjudicator's decision to award a former employee €10,000, there are lots of learning points for employers on how to run disciplinary procedures correctly, as the Labour Court dismissed the appeal due to a number of procedural errors on how the disciplinary process was run.

Reinstatement For Banker Unfairly Dismissed for Gross Misconduct

In a recent decision of the WRC, a bank has been ordered to re-instate a dismissed employee where it was found that the bank had insufficient grounds to uphold the allegations for which the complainant was summarily dismissed (ADJ-00001266).

Maximum 2 Years Compensation Awarded for Unfair Dismissal

A recent Labour Court Determination DHL Express (Ireland) Ltd v. Michael Coughlan (Ref No. UDD1738) gave some useful guidance on the use of spent disciplinary sanctions in determining subsequent disciplinary sanctions. The maximum compensation of 2 years salary for unfair dismissal was awarded.

Employment Policies and Procedures

All organisations should have a clear set of policies and procedures that govern not just relevant employment and HR areas but all aspects of their operations. The benefits of policies and procedures reach far beyond being legally compliant and can contribute hugely to the overall effectiveness of an organisation provided they are consistently applied.

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.

Dismissal Of Postman who was convicted of being in possession of drugs held to be a fair dismissal.

In case number UD1153/2014 the interesting question of whether the conduct of an employee outside of the workplace was considered as to whether it was fair to dismiss an employee for activity that was not connected with his normal workplace duties.

Fair Dismissal Of Postman Despite Flawed Appeals Process.

The Eat determined in a recently published decision (UD 507/2014) that a postman had been fairly dismissed for allowing others to deliver his mail despite an appalling appeals process with a delay of over 2 and a half years in dealing with the appeal.

HR Solutions

Keshcarrigan
Co. Leitrim

+353 (0)71 964 2748
+353 (0)86 833 7228
info@hrsolutions.ie

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