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Dismissal and Disciplinary Procedures

While employers would prefer never to refer to their disciplinary procedures’ manual, it is, unfortunately, inevitable for most small, medium and enterprise scale business or organisations.  Whether the individual is not performing to the standard required or their conduct has given rise for concern, disciplinary procedures, if drafted and carried out effectively can, in many cases, resolve matters amicably and permanently.

Lavelle Partners have been assisting businesses across Ireland for over 30 years in relation to their human resources legal needs.  We have handled many cases of disciplinary matters ranging in complexity, and where required dismissal.  In many situations, an informal mediation approach has proven highly effective, minimising the cost, time associated and avoiding the need to involve the Employment Appeals Tribunal (EAT).

What is the Code of Practice on Grievance and Disciplinary Procedures?

The Code of Practice on Grievance and Disciplinary Procedures (the Code) is controlled by the Workplace Relations Commission (as necessitated by the Industrial Relations Act 1990) and defines best practice for the handling of grievance and disciplinary proceedings by employers.  The Code is designed to ensure that any disciplinary procedures are fair and rational, the basis for any disciplinary proceedings are made clear to the employee concerned, as well as any possible penalties and the internal appeal procedure. 

The process specifically encourages a number of stages for handling disciplinary procedures, commencing with the involvement of the immediate line manager, but then progressing to increasing levels of seniority thereafter.  This process should be clearly laid down in your disciplinary procedure document, and ideally stored with your company employee handbook, and centrally located for ease of reference.

The code states that disciplinary action may include:

  • An oral warning
  • A written warning
  • A final written warning
  • Suspension without pay
  • Transfer to another task, or section of the enterprise
  • Demotion
  • Some other appropriate disciplinary action short of dismissal
  • Dismissal

Also incumbent within the Code is for you to provide genuine opportunities to allow your employee to explain their actions and seek to resolve the matter amicably, and they must be afforded a ‘fair and impartial determination of the issues concerned’. 

How Lavelle Partners can assist you in relation to Dismissal & Disciplinary Procedures in Ireland

  • Our team of employment law Solicitors, headed by Senior Partner, Marc Fitzgibbon, has been assisting employers for over 30 years in relation to dismissal and disciplinary procedures, and as a result, has developed a strong and enviable reputation nationally for achieving excellence in this area of law.
  • Marc is a member of the Law Society of Ireland’s Employment & Equality Law Committee and European Employment Lawyers Association.
  • We understand the need to ensure dismissal and discipline is carried out in full accordance with employment legislation and best practice, thereby protecting your business or organisation from the threat of a claim or reputational damage.
  • Our Solicitors will work alongside your in-house or external HR team, ensuring that the dismissal and disciplinary process is handled efficiently and with the minimum of demands on your resources.
  • You can be assured the dismissal and disciplinary process will be handled with the utmost of professionalism and confidentiality.

Our partnership with Talbot Pierce

Lavelle Partners work with Talbot Pierce to provide a seamless service in respect of Human Resource Management.  Talbot Pierce are a team of specialist HR professionals who work with us on a range of matters including advice on and delivery of conflict/dispute resolution solutions, best-practice HR strategies, policies and procedures.

For further information on workplace Dismissal & Disciplinary Procedures in Ireland, please contact Lavelle Partners in confidence on (01) 644 5800.

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