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)....

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)....

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)....

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....

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:...

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....