Managing Discipline & Dismissal

Managing Discipline & Dismissal

Nothing causes more trauma for all involved than the mismanagement of workplace  managing disciplin ,  and especially where it is serious enough to lead to sanctions or dismissal. Trauma…and cost!

And yet the basic principles governing the process are not difficult to grasp and apply.

So serious are the implications for any citizen of losing their job, or of being put on a course that might lead to it that Irish tribunals and courts have imposed very high standards of fair procedure in relation to how such issues should be processed.

These must be observed in varying degrees at every stage of the process and every employee should know their rights in this regard and every person charged with managing discipline also needs to know and implement those standards.

The procedure is probably just as important as the issue which gives rise to its use. It can be very costly to breach an employee’s constitutional right to fair procedure, but fairly easy to avoid doing so.

The employer needs to first of all take steps to gather all the relevant facts, by means of a formal investigation in serious cases and not reach any conclusions as to either culpability or sanction until this is done. Then the disciplinary hearing must be conducted  to a high standard of fair procedure. Finally, the conclusion in relation to the disciplinary sanction at the end of the process must be ‘proportionate’.

Is there a right to legal representation at internal disciplinary hearings? Generally not unless case is very complicated or outcome has very severe consequences.

See Burns v The Governor of Castlrea Prison here.  And a  UK case addresses the issue. 

Workplace Solutions can provide the training, the advice and support and the representation services to ensure that these high standards are observed ensuring that all sides are kept  on the right side of the law and given their legal rights.

Whether its an investigation, a preliminary or later in-company hearing, or representation at the Rights Commissioner, EAT or other tribunal we’ve been there many times before.

Ring 086 2587940 or email pat.brady@workplacesolutions.ie for assistance