Introduction

When dismissal or disciplinary action is being considered your employer is expected to have disciplinary procedures in place and to follow them. Disciplinary procedures set out the stages and process the employer will follow in relation to alleged shortcomings of an employee. Generally, the procedure allows for informal warnings leading to written warnings and ultimately to dismissal as described in the Code of Practice on grievance and disciplinary procedures.

Your employer must follow fair procedures and is required to give you appropriate warnings, make you fully aware of the allegations against you and give you an opportunity to present your side. You must also be allowed the right to be represented in any disciplinary procedures by, for example, your trade union official.

In deciding a case, the body hearing it must consider the reasonableness or otherwise of your employer’s conduct. In addition, the question as to whether your employer had a dismissal procedure in place will also be considered.

Further information

For further information please email Barry Crushell of Aperture Partners Advisory at bcrushell@aperturepartners.ie or call 01-9053503.

Please note that the material contained herein is for general information purposes only and does not constitute legal or other professional advice. Reference accurate at time of publication but subject to change.