My question relates to conducting investigations as part of the disciplinary process. Should all issues be investigated by an independent third party every time regardless of the seriousness of the issue? For example if the issuing of the warning relates to the individual being late on regular basis should this be investigated? Obviously all serious issues need independent investigation - but where does the line commence which differentiates one from the other? Hence the reason for the question.

Posted in : First Tuesday Q&A ROI on 2 September 2014
Zelda Cunningham
Arthur Cox
Issues covered:

There is no legal requirement to appoint an independent third party to conduct a disciplinary investigation and there is no definite line which differentiates the seriousness of issues that may warrant an investigation to be conducted by third party investigator. Appointing an external investigator to conduct a disciplinary investigation is a matter which is at the discretion of the employer, depending on the circumstances of each particular case.

The Industrial Relations Act, 1990 (Code of Practice on Grievance and Disciplinary Procedures) (Declaration) Order 2000 (the “Code”) gives guidance on investigations for disciplinary procedures. The Code (which is not legally binding) provides

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

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Zelda Cunningham
Arthur Cox

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