In a formal grievance process, should an employer provide the alleged perpetrator with a copy of the written complaint?

Posted in : First Tuesday Q&A ROI on 7 August 2012 Issues covered:

Yes. The Labour Relations Commission's Code of Practice on Grievance and Disciplinary Procedures (S.I. No. 146 of 2000), although not binding, should be followed by employers as it prescribes best practice when implementing a grievance or disciplinary procedure. Where an employee is subjected to a grievance procedure which may result in adverse inferences being drawn against him or her, he or she is entitled to natural justice and fair procedures.

These principles require that:

- the grievance is fairly examined and processed;

- the details of any allegations or complaints are put to the employee concerned. If these complaints have been presented in writing, a copy of the written

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Back to Q&A's This article is correct at 02/09/2015

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