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F. FAQs

Do you have a query regarding disciplinary procedures in your Organisation? Are you confident in managing a disciplinary process? Our team have created a series of Frequently Asked Questions (FAQ’s) below which may answer your query.

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Is there a legal requirement to have a discplinary procedure in place?

The Unfair Dismissals Acts require an Employer to have in place a disciplinary procedure and to communicate this to all Employees within 28 days of commencement of employment.

Additionally, where a claim of unfair dismissal is made, the EAT or the Rights Commissioner will examine the procedure followed to evaluate the fairness in the process. Having a documented procedure in place will assist the Employer to ensure that situations are dealt with in the correct manner.
Is there a minimum disciplinary procedure that Employers must follow?
There is no statutory disciplinary procedure that employers must follow, but the Labour Relations Commission's Code of Practice on Grievance and Disciplinary Procedures sets out the basic principles of a fair procedure. Employment tribunals will take the code into account when considering relevant cases. 
What are the principles of natural justice?

The Code of Practice on Grievance and Disciplinary Procedures lists the following as inclusive in the principles of natural justice as they apply to Grievance and Disciplinary Procedures:

  • That Employee grievances are fairly examined and processed;
  • That details of any allegations or complaints are put to the Employee concerned;
  • That the Employee concerned is given the opportunity to respond fully to any such allegations or complaints;
  • That the Employee concerned is given the opportunity to avail of the right to be represented during the procedure;
  • That the Employee concerned has the right to a fair and impartial determination of the issues concerned, taking into account any representations made by, or on behalf of, the Employee and any other relevant or appropriate evidence, factors, circumstances.

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