Employment Law Procedures and Policies

Don’t make the mistake of falling in love with your grievance

I meet a large number of employees on a daily and weekly basis. The vast majority of them have something bothering them in connection with their job or workplace.  A small number are simply seeking clarification about an aspect of employment law or their contract of employment or something related. But most of them have …

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Hidden Cameras in the Workplace-European Court of Human Rights Approves in Certain Circumstances

Are you concerned about the use of cameras in the workplace? Hidden cameras? If you are a recent European Court of Human Rights decision will disappoint and dismay you. The case López Ribalda and others v Spain was an appeal from decision of the lower Chamber that the Convention for the Protection of Human Rights …

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Supreme Court Decides No Right to Legal Representation in Employment Disciplinary Hearing

The Supreme Court has confirmed the Court of Appeal decision regarding the absence of a right of an employee to legal representation in a workplace disciplinary investigation and hearing. This case involves an Iarnród Eireann employee, Barry McKelvey, who faces a disciplinary hearing over allegations of misappropriation of property in the workplace. At the proposed …

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Teacher Refused Judicial Review in High Court Seeking to Stop Disciplinary Case Against Her

Are you a teacher? A recent decision of the High Court may be of interest to you as it involved a teacher commencing High Court legal proceedings as a consequence of being asked to attend a disciplinary hearing. Background The allegation against the teacher concerned her conduct towards school staff including the school Principal. The …

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Workplace Investigation and Disciplinary-the Danger of an Overemphasis on Looking for Imperfections in the Procedure

Dmitri was suspended from work for allegedly assaulting a colleague. Susan was suspended on pay while an investigation was being carried out into approximately half a dozen allegations of misconduct. When they came to me for advice they were very much focused on the procedure adopted by the employer to date. Too focused, in my …

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