First Tuesday Q&A

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

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 The recent High Court decision in Lyons v Longford & Westmeath [2017] IEHC 272 was notable in that Mr Justice Eager, in his judgment, seemed to suggest that employees who are the subject of internal bullying investigations have a right to legal representation at internal employer investigation ...

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

During a workplace investigation, under what circumstances can you suspend an employee?

Posted in: First Tuesday Q&A ROI on 07/02/2017 Up until relatively recently, an employer could generally suspend an employee with pay pending an investigation as long as the right to suspend was included in the disciplinary policy or contract of employment. However, the power to suspend employees pending an investigation has come under close sc...
This article is listed under the following topics:
Disciplinary and Grievance Issues

Our disciplinary policy does not permit a solicitor to attend an investigation meeting. Only a colleague or trade union representative may attend. Is this lawful?

Posted in: First Tuesday Q&A ROI on 07/02/2017 In general, an employee does not have the right to be represented by a solicitor in an internal disciplinary investigation or hearing. The Code of Practice on Grievance and Disciplinary Procedures (S.I. 146/2000) provides that employees should be given the opportunity to avail of the right to be re...
This article is listed under the following topics:
Disciplinary and Grievance Issues