One of our external union representatives is very aggressive and we don’t want him to come onto the premises anymore to represent employees at disciplinary hearings etc. He just bangs the table and shouts and tries to intimidate management and we’re fed up with him. Can we ban him from the premises and insist employees pick another rep?

It is not advisable to ban a union representative from the premises, as it could deprive an employee of his/her right to representation which could in turn lead to a conclusion by a Court that the grievance or disciplinary process was unfair.

The Code of Practice on Grievance and Disciplinary Procedures S.I. 146/2000 (the “Code”), gives statutory guidance to employers and employees in respect of employee’s rights in the context of disciplinary and grievance proceedings.

The Code provides that employees have a right to be represented during grievance and disciplinary hearings and that they are entitled to choose their representative. Failure to provide for this right of election in the