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 … Read more

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 … Read more

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 … Read more

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 … Read more

The Small Employer Under Pressure from a Surprising Source

Peter and Betty have a small business and never expected this. But they feel stressed and pressurised from a most unexpected source: their new employee. They have been in business for 17 years and never had any problems with staff. Yes, there was the occasional, infrequent dispute or argument but nothing that amounted to anything … Read more