When carrying out an investigation, how should HR proceed if An Garda Síochána are involved?

Posted in : First Tuesday Q&A ROI on 3 July 2017
Julie Austin
McDowell Purcell
Issues covered:

The involvement of An Garda Siochana before or at the time of an employer’s disciplinary investigation can cause particular difficulties for employers for a number of reasons. Firstly, if the employee is charged with a criminal offence, he or she may refuse to answer questions during the disciplinary investigation for fear of self-incrimination or the employee may be advised by their legal representation not to participate in the process at all.  As a result, the involvement of the Gardaí may unavoidably result in the postponement or suspension of any disciplinary process.  Secondly, if the employer is acquitted of a criminal offence because of a technicality or if the case does

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Back to Q&A's This article is correct at 03/07/2017

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Julie Austin
McDowell Purcell

The main content of this article was provided by Julie Austin. Contact telephone number is +353 1 828 0600 or email jaustin@mcdowellpurcell.ie

View all articles by Julie Austin