First Tuesday Q&A

The claimant was dismissed by reason of gross misconduct and in particular.

We sent a letter to an employee inviting her to a disciplinary hearing. We received a sick note by return, citing ‘stress’. What can we lawfully do to get the hearing underway? We suspect she is trying to avoid the situation – there’s no history of stress on her record. 

Posted in: First Tuesday Q&A ROI on 04/10/2016 Whilst an employer cannot be expected to postpone the meeting indefinitely, an employee’s right to attend a disciplinary hearing should not be dispensed with too hastily. It is generally very difficult to proceed in the employee’s absence as this could later be deemed to be a breach of fair proced...
This article is listed under the following topics:
Disciplinary and Grievance Issues

An employee has issued an appeal outside our time limits in the disciplinary procedure. May we reject his appeal on the ground that it is late or might this be held against us if he pursues a legal claim?

Posted in: First Tuesday Q&A ROI on 04/10/2016 It is technically open to an employer to reject the appeal; however this right should be exercised with caution. Employers are held to a higher standard than employees and the employer will be required to show that rejection is reasonable in the circumstances. At a minimum, an employer should be sa...
This article is listed under the following topics:
Disciplinary and Grievance Issues

If an employee raises a grievance during a disciplinary process, which takes precedence, or might we run the matters concurrently? 

Posted in: First Tuesday Q&A ROI on 04/10/2016 The Grievance and Disciplinary Procedure should be consulted to confirm that there is no provision which allows for the disciplinary process to be suspended in the event of a grievance being raised. Where the Grievance and Disciplinary Procedure is silent on this point, the processes can run separa...
This article is listed under the following topics:
Disciplinary and Grievance Issues

If an employee asks to audio record a disciplinary hearing should we let them do so?

Posted in: First Tuesday Q&A ROI on 04/10/2016 The Company’s Disciplinary Procedure should be consulted to establish whether it contains any express provisions around the recording of disciplinary hearings. Where the Disciplinary Procedure is silent in this regard, the employer can refuse to consent to the recording of the hearing. Ultimately...
This article is listed under the following topics:
Disciplinary and Grievance Issues

Can adjudicators draw inferences from a failure to respond to data subject access requests?

Posted in: First Tuesday Q&A ROI on 06/09/2016 There is no legal basis for which an Adjudicator Officer can draw adverse inferences from a failure by an employer to respond to a data access requested under the Data Protection Acts 1988 and 2003 (the "DPA"). Non-compliance with the DPA is a matter within the jurisdiction of the Office of the Dat...
This article is listed under the following topics:
Tribunal Practice Procedures and Jurisdictional Issues

Is it always necessary to physically issue employees with payslips to avoid a breach or is it ok to make them available on request?

Posted in: First Tuesday Q&A ROI on 06/09/2016 In accordance with s4 of the Payment of Wages Act 1991 (the “Act”), there is a legal obligation on employers to provide employees with a written statement evidencing their wages (i.e. a payslip). Therefore, it is not sufficient to simply make the payslip available on request. The written statement ...
This article is listed under the following topics:
Pay and Conditions of Employment

If a case is referred to mediation by a WRC Adjudicator, is a report on the status of the case passed to the mediator and is there a structured format regarding communication between the mediation officer, solicitors and parties involved? 

Posted in: First Tuesday Q&A ROI on 06/09/2016 In certain cases, the WRC may forward a complaint to the WRC mediation service with a view to attempting to encourage and facilitate both parties to resolve issues as an alternative to a formal hearing before an Adjudication Officer. A complainant may indicate on their WRC complaint form that they ...
This article is listed under the following topics:
Tribunal Practice Procedures and Jurisdictional Issues

Can a hearing before the Labour Court be heard in private on application?

Posted in: First Tuesday Q&A ROI on 06/09/2016 Yes, however, any such application will be at the discretion of the Labour Court. In an industrial relations context, cases before the Labour Court are held in public, unless one of the parties request that the case be heard in private. S44(7) of the Workplace Relations Act 2015 (as amended ) (the"...
This article is listed under the following topics:
Tribunal Practice Procedures and Jurisdictional Issues

Can an employee who is absent due to sickness in the months immediately after the birth or adoption of a child take paid paternity leave at a later date?

Posted in: First Tuesday Q&A ROI on 01/08/2016 Where an employee who has complied with the relevant notice requirements becomes sick prior to the commencement of his or her paternity leave and wishes to postpone the paternity leave, the employee may, by notice in writing to the employer as soon as is reasonably practicable after becoming sick a...
This article is listed under the following topics:
Working Time and Leave Policies and Procedures Pay and Conditions of Employment

Where an employee’s partner is expecting twins will he or she be entitled to two lots of paternity leave?

Posted in: First Tuesday Q&A ROI on 01/08/2016 No, only one period of paternity leave applies per multiple births or multiple adoptions at the same time.
This article is listed under the following topics:
Working Time and Leave Policies and Procedures Pay and Conditions of Employment