Most successful claims for unfair dismissal are won by employees because the employer has failed to afford fair procedures in carrying out the termination of employment.
In plain English, they have botched the procedure.
The employer may well be justified in dismissing the employee based on what he believes the employee did or failed to do. The employee may be guilty of misconduct or gross misconduct.
Or there may have been problems with other aspects of the employee’s behaviour, whether conduct or performance. For example:
- Persistent problems with timekeeping
- Sexual harassment
- Poor attitude
- Unacceptable performance
- Trust and confidence
But the bottom line is: if the employer fails to afford the employee fair procedures and natural justice in dismissing the employee, or imposing a sanction short of dismissal, he runs the risk of losing an unfair dismissal case.
The Workplace Relations Commission, the Labour Court, the old Employment Appeals Tribunal and Rights Commission service all have this one thing in common-the recognition that the employee is entitled to a fair, rational disciplinary procedure in the workplace.
This short book addresses this costly failing. And tells you how to carry out a disciplinary procedure in the workplace.
Because it explains how the employer is to carry out a disciplinary procedure, and avoid the accusation of lack of fair procedures or natural justice.
And if you are an employee it will allow you to see whether you might have a claim for unfair dismissal, on the grounds of lack of fair procedures.
It sets out, in easy to follow steps, how to carry out a disciplinary procedure in the correct manner.
It also covers:
1. Introduction to disciplinary procedures in the workplace
2. Principles of the disciplinary procedure
3. The formal disciplinary procedure
4. Issuing warnings under the disciplinary procedure
5. Probationary employees
Please note if you carry out all the procedures in this book you are not guaranteed to win.
But you will have a significantly better chance. For without a fair disciplinary procedure your termination of the employee is likely to be found to be unfair.
And the potential award for an unfair dismissal? The maximum award is 2 years’ salary.
2 years’ salary is not often awarded. But don’t think it can’t happen.
Here is what the Irish Times reported on Tuesday, May 10th 2022
WRC makes record €329,000 award for unfair dismissal
Sales executive sacked without formal warning over bullying allegations
Tue, May 10, 2022, 13:37
A sales executive has been awarded over €329,000 for unfair dismissal after being sacked without a formal warning over bullying allegations.
The award, made on Tuesday , is understood to be the largest ever made by the Workplace Relations Commission (WRC) , and more than double the previous record award.
Even if the award against you is only 6 or 9 months’ salary, how would that affect your business? Could you think of better things to spend that type of money on?
And don’t forget the cost of legal representation at the WRC.
Don’t forget either the situation where you win your case at the WRC but the employee appeals to the Labour Court. More time, more money. And remember: each party pays their own costs.
So, even if you are successful you will not be able to recover costs from the employee.
How to Carry Out a Disciplinary Procedure in the Irish Workplace
This book is only a short one but it may save you a lot of money.
Because it can help you to reduce the chance of an unfair dismissal case against you in the first place. Or if you do have to defend yourself against an unfair dismissal claim you will be in good shape to do so provided you have followed the procedure set out in this book.
You can buy the book on Amazon here. It is available in Kindle format only.
But you do not need to have a Kindle device to read it. You can download the Kindle app from Amazon and read it on your tablet device or mac or PC. Download the Kindle app from Amazon on this page.
Click here to check out the book on Amazon.
How to carry out a disciplinary procedure in the workplace-online course
There is an online course about how to carry out a disciplinary procedure in the workplace.
The course includes videos and template letters you will need, and includes this book.
You can learn more about the course on this page.