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Conducting Workplace Investigations

As the WRC and Courts have continued to highlight deficiencies in workplace investigation practices, and employers have to deal with the implications and costs of inadequate investigations, this short article summaries some key points to consider when setting up a workplace investigation.

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.

€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.

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).

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)

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.

Golf Ranger awarded €4000 for unfair dismissal on his 4th day of work.

A newly recruited golf ranger was dismissed on his second weekend of work without any notice after commencing a six month fixed term contract on 18th April 2015. As he did not have the required 12 months service to take a claim under the Unfair Dismissal legislation the complaint was brought under the Industrial Relations Act 1969 (Ref ADJ - 0000066).

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