An investigation into alleged misconduct or disciplinary process has the capacity to severely impact the rights of an employee, both in relation to their status as an employee, and also in respect of their reputation and right to a  good name.  Where a disciplinary issue arises in a workplace, employees have several important procedural rights.  These rights govern how an investigation and/or disciplinary process is conducted.  These rights must be adhered to so that a fair outcome is arrived at.

Most employers have their own policies and it is important that these are adhered to.  There is also a statutory code of practice in relation to grievance and disciplinary procedures which acts as general guidance.

For most disciplinary issues, there will be staged range of sanctions ranging from an oral warning, a written warning, a final written warning, up to the final stage of dismissal.  Moving straight to dismissal is only permissible in cases of gross misconduct.

It is essential that employees at any stage of a disciplinary process are given details of the allegation against them and given a full and fair opportunity to defend themselves.  Any investigation, disciplinary process and/or appeal should be conducted by an independent party with no involvement in the subject of a dispute.

Employees who are involved in investigations of misconduct or disciplinary issues should seek advice at the earliest opportunity.

If you have a query in relation to an allegation of misconduct or a disciplinary process, you can contact our specialist employment law team on 01 644 9900 or mail@danielspring.ie

This information is provided for information purposes only and does not constitute legal advice. Specific legal advice in relation to your situation should always be taken prior to taking any action on foot of this information.