July 6, 2020
Data Protection – the Return to Work Safely Protocol
When the Return to Work Safely Protocol was published in May, we outlined the main considerations for employers. You can read this piece here. In this piece, we outlined that...
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).
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:
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’.
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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