Discipline

Good disciplinary procedures are an essential part of human resources management essentially to maintain good discipline and morale amongst staff. They also to ensure that an otherwise fair dismissal is not rendered unfair by grossly inadequate or unfair procedures. It is imperative for employers to be aware of the practical procedures associated with effective handling of discipline in the workplace. Under the Unfair Dismissal Acts 1977 to 2015 employers are obliged to give an employee a written statement of the disciplinary/dismissal procedure within 28 days after entering a contract of employment.

A right to legal representation during workplace investigations?

12/06/2017 - A High Court judgment on pre-disciplinary investigations and fair procedures was one of a number of significant decisions emanating from the superior courts this quarter. Other noteworthy decisions featured in this Quarterly Case Update related to issues of workplace bullying and changes to terms and conditions of employment.

Use of CCTV in discipline and dismissal, lessons from case law

28/10/2016 - While CCTV is often originally employed for the surveillance and protection of property, situations can arise where an employer may wish to use CCTV footage as evidence against an employee during disciplinary proceedings.

Disciplinary Procedures guideline

18/05/2016 - This guideline outlines the practical procedures associated with effective handling of discipline in the workplace, including the requirements under the Unfair Dismissals Acts 1977 to 2015.

Fair procedures: keystone of a disciplinary process

13/01/2014 - Often employers will have sound reasons for dismissing an employee but such action can cost employers if they do not apply fair procedures. This was illustrated by many cases throughout 2013 but the High Court decision in Kelleher v An Post [2013] IEHC 328 highlights the difficulties employers can face in applying fair procedures. In this case, the employer’s approach in this case was described as ‘scrupulously fair’.

Fair procedures and the disciplinary meeting - a user’s guide

23/09/2013 - It is almost inevitable in the course of a career that managers, at some or other point, will be faced with that most difficult of tasks: investigating and disciplining a subordinate.

Brought to book: dismissals arising from employee social media usage

12/02/2013 - With social media use (and misuse) continually hitting the headlines, this article considers the topic from an employer’s perspective. The article examines some recent Irish and UK employment dismissal cases related to social media postings by employees.