Legal Representation at a Disciplinary Hearing – When is this Permitted?Posted in : First Tuesday Q&A ROI on 3 December 2019
In a much anticipated judgment delivered on 11 November 2019, McKelvey v Irish Rail, the Supreme Court brought welcome clarity to the legal position regarding the right of an employee to be accompanied by a legal representative at a disciplinary hearing.
Last year the Court of Appeal found that the circumstances in which an employer would be obliged to exercise a discretion in favour of permitting legal representation should be "exceptional". The case was appealed to the Supreme Court in February 2019. The Supreme Court has now had the final say on the matter and emphasised that this right only arises in exceptional circumstances. This month, Triona Sugrue, Associate within the Employment
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