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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)....

30 Nov

Posted at 16:51h in fair procedures, unfair dismissal, workplace investigations
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In this recently published decision, yet again an employer fell short on how it implemented a dismissal of an employee who, had less than 5 months service, resulting in an award of €6,000 being recommended despite breaching a clause that prevented her working in any manner outside of her employment that could be prejudicial to her employer. (Ref ADJ-00028843)....

04 Oct

Posted at 20:44h in fair procedures
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The threshold of gross misconduct is a difficult one to meet for workplace dismissals and this recent case highlights that despite the long serving and clean employment record of the employee concerned, proper investigation and due process can ensure that inappropriate behaviour in the workplace can be dealt with correctly (ADJ 00026053)....

27 Jul

Posted at 12:16h in dismissal, fair procedures, unfair dismissal
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With redundancy activity unfortunately an inevitable consequence of COVID 19, as a number of businesses are unable to re-open or are now operating with fewer employees, it is critical that the redundancy process is managed in line with legislation and best HR practice to ensure that additional costs do not arise for employers for unfair dismissal claims due to unfair selection for redundancy....

02 Jul

Posted at 20:21h in fair procedures, workplace investigations
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As investigations have become more and more common and necessary in the workplace to deal with issues such as complex grievances, allegations of bullying and harassment, breaches of operational standards and potential misconduct, it is critical that they are conducted in a fair and procedurally correct manner, to ensure that they don’t contribute to a flawed procedure if investigation findings ultimately lead to the dismissal of an employee. Here are some of the key aspects which should be considered to help ensure any investigation procedure is robust and stands up to scrutiny:...