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01 Jul

Posted at 09:26h in disciplinary process, dismissal, unfair dismissal, workplace investigations
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Following on from my last post on the separation of stages within the disciplinary process, another example of how costly it can be not to adhere to fair procedures before dismissing an employee. In this case an award of almost €50,000 after six months paid suspension, during which no investigation or disciplinary hearing took place....

21 Mar

Posted at 14:40h in Uncategorized
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A recent case of A Caretaker versus a Supermarket (ADJ-00033611) dealt with some interesting legal points vis a vis whether reasonable cause was presented for failing to submit the unfair dismissal claim within 6 months, as well as the related issue of proportionality in determining whether the matters under review ultimately did amount to gross misconduct that reasonably justified a summary dismissal and the non-payment of notice....

13 Aug

Posted at 12:01h in workplace investigations
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The standard time limit for submission of complaints to the WRC is generally six months from the date of the contravention that the complaint relates to as per Section 41(6) of the Workplace Relations Act 2015, and as per Section 41 (8), this may only be extended for a further six month period, if reasonable cause is presented for the delay....