Disciplinary Procedures in the Workplace

We advise on disciplinary investigations and internal and external hearings.

Disciplinary Hearing

The requirements to be followed in a disciplinary hearing were set out by the Supreme Court in the case of Connolly –v- McConnell [1983] IR 172:

“When a person holds a full time pensionable office from which he may be removed and thus deprived of his means of livelihood and of his pension rights the domestic body or tribunal having the power to remove him are exercising quasi-judicial functions. Therefore they may not remove him without first according to him natural justice. He must be given the reasons for his proposed dismissal and an adequate opportunity of making his defence to the allegations made against him – audi alteram partem. The members of the Tribunal must be impartial and not be judges in their own cause – nemo index in causa sua. They must ensure that the proceedings are conducted fairly.”

Legal Representation

The Employment Appeals Tribunal put a very substantial emphasis on an employee’s right to be represented at a disciplinary hearing. Employers should always advise of the right to representation. While there does not exist any right to legal representation, it could prove difficult in a hearing before the EAT if an Employer refused to allowed legal representation and the employee was not a member of a trade union and had no competent available representation other than a lawyer.