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26 May

Posted at 11:41h in Uncategorized
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Lots of useful lessons in this WRC decision for employers in proper and fair disciplinary handling as well as making a reasonable and proportionate decision before deciding to dismiss. In this case poor procedures were very costly with €329,000 awarded....

05 Jan

Posted at 12:10h in Uncategorized
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The importance of always adhering to fair investigation procedures was highlighted in a recent Labour Court case that upheld the Complainant’s appeal of the quantum awarded of €2,544 made by an Adjudication Office, increasing the compensation payable to €5,000 (Ref UDD2167)....

04 Feb

Posted at 16:44h in disciplinary process
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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....

27 Nov

Posted at 14:54h in disciplinary process, dismissal, unfair dismissal, workplace investigations
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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)....

01 Oct

Posted at 14:56h in disciplinary process, dismissal, fair procedures, unfair dismissal
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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)....

18 Jul

Posted at 14:59h in disciplinary process, dismissal, unfair dismissal
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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....