First Tuesday Q&A

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

If a staff member is underperforming consistently and has been in disciplinary procedures on a number of occasions- without it seemingly making a difference – what is the best way to deal with it?

Posted in: First Tuesday Q&A ROI on 03/06/2015 In circumstances where an employee continues to underperform despite being the subject of repeated disciplinary action, an employer is best advised to escalate/progress the disciplinary action taken against the employee. The form of this escalation will depend upon the employer’s disciplinary proce...
This article is listed under the following topics:
Disciplinary & Grievance

It has come to the attention of the company that an employee has put on Facebook derogatory comments about their manager. The Facebook page is set to private, however, a colleague who is a friend on Facebook viewed the comment and informed management and would like to be kept anonymous. How can HR approach this situation?

Posted in: First Tuesday Q&A ROI on 06/05/2015 Posting derogatory comments on a private Facebook page about work colleagues may be a disciplinary matter in certain circumstances. However, employers seeking to address such behaviour must have regard to a number of statutory and common law protections which apply to employees in this context, inc...
This article is listed under the following topics:
Policies and Procedures Disciplinary & Grievance Data Protection

During an internal process can an employee insist on having a solicitor present as their representation and can the employer refuse?

Posted in: First Tuesday Q&A ROI on 08/04/2015 Employers are not statutorily obliged to provide employees with a right to legal representation for internal company processes such as disciplinary or grievance hearings. An employee does not, therefore, have an absolute right to legal representation at such hearings. The Code of Practice on Grieva...
This article is listed under the following topics:
Disciplinary & Grievance

What is classed as a reasonable amount of time to allow someone to work on their personal improvement plan before moving onto the next stage of disciplinary procedures if they haven’t improved?

Posted in: First Tuesday Q&A ROI on 03/02/2015 There is no specific time limit set out in law for determining when an employee should have achieved the requisite personal improvement before the employer moves to the next stage of the disciplinary procedure. The reasonableness of the employer in this regard will depend on a number of factors, fo...
This article is listed under the following topics:
Disciplinary & Grievance

Does the full disciplinary procedure need to be exhausted within a probation period? i.e. verbal, written etc?

Posted in: First Tuesday Q&A ROI on 03/02/2015 Employers are not generally required to exhaust the full disciplinary procedure for employees who are on probation. Employees on probation are often expressly excluded from the employer's disciplinary procedure (his would normally be set out clearly in the contract of employment and/or the employer...
This article is listed under the following topics:
Probation Disciplinary & Grievance

If a complaint is made against a member of staff and a preliminary investigation carried out, is there a requirement to inform a member of staff that a complaint has been taken against them even if the preliminary investigation finds that the complaint has no grounds and should not be pursued? 

Posted in: First Tuesday Q&A ROI on 01/04/2014 S.I. No. 146 of 2000, Industrial Relations Act, 1990 (Code of Practice on Grievance and Disciplinary Procedures) (Declaration) Order, 2000 provides that employees have an entitlement to full details of a complaint made against them, even if it was not substantiated. The employee should be infor...
This article is listed under the following topics:
Policies and Procedures Disciplinary & Grievance

Can you ask a medical advisor is an employee fit to attend a disciplinary hearing?

Posted in: First Tuesday Q&A ROI on 04/03/2014 In general, it is inadvisable for a disciplinary hearing to proceed where an employee is on sick leave, as the employee is medically unfit to do so. Employees who are absent for a significant amount of time should be referred to an occupational health specialist for an assessment of his/her conditi...
This article is listed under the following topics:
Sickness and Absence Disciplinary & Grievance

What do you do if an employee goes out sick with stress during a disciplinary process?

Posted in: First Tuesday Q&A ROI on 04/02/2014 The employee in question should be referred to an occupational health specialist for an assessment of his condition. If the employee is deemed fit for work, he should be requested to return to work, and at that stage the disciplinary procedure should continue in the ordinary way, subject to any con...
This article is listed under the following topics:
Sickness and Absence Disciplinary & Grievance