First Tuesday Q&A

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

A Guide to Workplace Investigations in Ireland

Posted in: First Tuesday Q&A ROI on 05/06/2018 Kevin Slattery provides up to date and relevant practical advice, in line with these decisions, on how such investigations should be conducted, their place within the overall disciplinary process and the potentially far-reaching implications of Lyons. Can employees cross-examine in internal workpl...
This article is listed under the following topics:
Disciplinary and Grievance Issues Policies and Procedures

We have an employee on long term sick leave who we believe is abusing our sick leave policy. Can we engage a private investigator to follow her to gather evidence that we can then use in a disciplinary process?

Posted in: First Tuesday Q&A ROI on 03/04/2018 The engagement of private investigators by employers was, up until relatively recently, a commonplace practice but is now one that is fraught with legal risk. While a number of recent cases from the Workplace Relations Commission suggest that Adjudication Officers remain willing to consider pertine...

Q&A: Avoiding Sexual Harassment Claims following the Christmas Party

Posted in: First Tuesday Q&A ROI on 05/12/2017 With the Christmas party season now upon us, it is timely to remind employers that employment lawyers often see a spike in sexual harassment related queries crossing their desks come January. But what exactly can employers do to prevent and deal with sexual harassment in the workplace? In this mon...

The Mediation Act 2017

Posted in: First Tuesday Q&A ROI on 07/11/2017 The Mediation Bill which has been around since 2012 was signed into law on the 2 October this year as the Mediation Act 2017 and is expected to be commenced shortly. While the Act expressly excludes from its ambit disputes being investigated or mediated by the Workplace Relations Commission, it put...

Based on the Lyons v Longford & Westmeath decision, will employer investigations now become like mini legal proceedings?

Posted in: First Tuesday Q&A ROI on 01/08/2017 PLEASE NOTE: Since the Lyons v Longford Westmeath ETB decision, Mr. Pat Breen, T.D., Minister of State for Trade, Employment, Business, EU Digital Single Market and Data Protection has asked the Workplace Relations Commission and the Health and Safety Authority to undertake a review of their codes ...

In the case of a serial complainant, is the company obliged to hear multiple grievances which are believed to be false when there are concerns about the mental stability of the complainant?

Posted in: First Tuesday Q&A ROI on 01/08/2017 There are no strict legal rules which apply when an employee raises multiple grievances. If the grievances are related, an employer might be in a position to refuse to hear a new grievance on the grounds that the matter has already been the subject of a grievance procedure. If the grievances are un...
This article is listed under the following topics:
Disciplinary and Grievance Issues Policies and Procedures

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

Posted in: First Tuesday Q&A ROI on 03/07/2017 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 disciplina...
This article is listed under the following topics:
Disciplinary and Grievance Issues Policies and Procedures

Can suspension result in a constructive dismissal case?

Posted in: First Tuesday Q&A ROI on 03/07/2017 Put simply, suspension can in certain cases result in an employee claiming and succeeding in a claim for constructive dismissal. An employee will succeed in a claim for constructive dismissal if he or she can demonstrate that the employer either acted unreasonably (the “reasonableness test”) or bre...
This article is listed under the following topics:
Disciplinary and Grievance Issues Contracts of Employment

Can covert surveillance be used as evidence when carrying out an investigation?

Posted in: First Tuesday Q&A ROI on 07/02/2017 Covert surveillance often involves an employer monitoring an employee thrush the use of CCTV. The current position adopted by the Data Protection Commissioner (the "DPC"), as published in the recently revised Guidelines on CCTV Usage (the "Guidelines"), is as follows: Covert recording is generally...
This article is listed under the following topics:
Disciplinary and Grievance Issues

Can employees use secret recordings of investigation meetings as evidence in a tribunal hearing?

Posted in: First Tuesday Q&A ROI on 07/02/2017 An issue causing increasing concern for HR practitioners is the practice of employees recording grievance and disciplinary meetings without the employer’s knowledge. While many employers prohibit such practices in their employee handbooks, it is almost impossible to prevent and detect any such reco...
This article is listed under the following topics:
Disciplinary and Grievance Issues