Procedures and Policies - Unfair Dismissal Ireland
When an employer dismisses a worker, it is imperative that their policies and procedures are in place, activated and followed.
In the case of an employer that has a Disciplinary Procedure, did the procedure indicate which acts constitute misconduct? For example, did it involve theft from the company.
It is important that the employee is informed in advance about the investigation in a clear and detailed manner. Employees should be able to reply to complaints and defend themselves and informed of the outcome of any investigation. It is necessary to give the report of the investigation to them. For instance, CCTV footage should be given to them.
Discipline procedures should be clearly outlined by the employer.
Listed below are just a few examples of possible steps involved in a disciplinary proceeding:
A statement could, for example, state that the following is required:
- There is a thorough investigation;
- Suspension may be warranted to facilitate the investigation of the specific case;
- A copy of the complaint will be provided to the employee during the investigation;
- At disciplinary hearings, employees have the right to be accompanied
- There will be a disciplinary hearing to discuss the nature of the complaints;
- An opportunity for the employee to respond and present their case;
- The employee will be notified of the outcome of the appeal;
- State who will conduct the appeal, etc.;
- Consideration will be given to both the grounds and the outcome of the appeal.
It is extremely beneficial to have written procedures that are followable step-by-step.
Assistance with pursuing an unfair dismissal or constructive dismissal claim
Should we feel that you have a case, and you want to proceed with seeking redress from your former employer, we can support you through every stage of proceedings.
We can contact your former employer on your behalf and notify them of the reasons why you believe your dismissal was unlawful and the action you wish them to take to put things right.
Alternatively, we can advise you on what to say when contacting your employer, yourself if you would prefer this approach.
Whatever happens next, whether you employer is willing to reach a settlement, or you have to take things to the Workplace Relations Commission, we will advise and guide you with clarity and sensitivity every step of the way.
It is possible your employer will offer you a settlement agreement to resolve your claim without further action. In such cases we can review the agreement for you and provide advice on whether we believe it represents a fair deal for your interests.
Where we believe a better settlement can be achieved, or your employer wants to enter negotiations without offering an agreement first, we can support and represent you during settlement negotiations.
Making a claim to the Workplace Relations Commission (WRC)
Where it is necessary to make a claim to the Workplace Relations Commission, we can guide you through the whole process of preparing and submitting your claim, responding to any submissions made by your employer and meeting any requirements set by the WRC.
We can represent you during any hearing that takes place or advise you on representing yourself where required, making sure your case is presented clearly and effectively with all of the necessary evidence to support your claim.
For legal advice on dealing with unfair dismissal, constructive dismissal and disciplinary proceedings contact our office.