In a small organisation with few managers, what is the expectation about where appeals against a dismissal would go? If an external ‘expert’ is used, could an employee state that because the expert is being paid by the company he/she is not impartial?Posted in : First Tuesday Q&A ROI on 4 February 2014
Employees are entitled to an independent appeal of a disciplinary sanction; however, this does not necessarily entitle employees to have their appeal heard by a third party.
In smaller organisations, it may not be possible for the appeal to be heard by an individual who is wholly unaware of the circumstances surrounding a sanction imposed. This does not, in and of itself, render the disciplinary procedure unfair.
However, the employer must ensure that the decision maker at the appeal was not the decision maker in the disciplinary hearing or involved in conducting the initial investigation into the disciplinary matter.
Prior to the appeal hearing, the employee should be notified of the
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Irish Employment Law Hub? We help thousands of people like you understand how the latest changes in Irish employment law impact your business through a mix of case law analysis and in-depth articles. All delivered right to your inbox.
We help you to understand the ramifications of each important case from Ireland and Europe.
We help you ensure that your organisation's policies and procedures are fully compliant with Irish law.
You will receive regular updates on Irish employment law including case law reviews, legislative changes, topical updates as well as answers to your burning questions through our Q&A feature.
You will have 24/7 access to the Employment Law Hub so you can research case law and HR issues when you need to.
Back to Q&A's This article is correct at 02/09/2015
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.