the dos & don'ts of disciplinary procedures · the dos & don'ts of disciplinary...

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The Dos & Don'ts of Disciplinary Procedures Thursday, 11 February 2016

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Welcome Ger Connolly Partner Mason Hayes & Curran

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Speakers & Topics

Orla O’Leary, Senior Associate The Dos of Disciplinary Procedures

Ronnie Neville, Partner The Don’ts of Disciplinary Procedures

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The Dos of Disciplinary Procedures Orla O’Leary Senior Associate Mason Hayes & Curran

The Disciplinary Procedure

• Section 14(1) Unfair Dismissals Act 1977-2014

“An employer shall, not later than 28 days after he enters into a

contract of employment with an employee, give to the employee a

notice in writing setting out the procedure which the employer will

observe before and for the purpose of dismissing the employee”.

• Industrial Relations Act, 1990 (Code of Practice on Grievance and

Disciplinary Procedures) (Declaration) Order, 2000.

• Employer must act reasonably

The Disciplinary Procedure

• Circulate it to employees

• Train managers on what is required

• Exposure

• Unfair Dismissals Acts, 1977-2014

• Civil Court Injunction

The Complaint

Suspension ???

• The Purpose of Suspension:

─ To prevent repetition of the conduct complained of;

─ To prevent interference with evidence;

─ To protect individuals at risk from such conduct; or

─ To protect the employer’s business and reputation.

• Delay

Identify the Players

1. Complainant

2. Investigator (Step 1)

3. Disciplinary Hearing (Step 2)

4. Appeal Hearing (Step 3)

5. Role of Human Resources - Support /

Administration

The Investigator

1. No prior involvement

2. Have confidence in their ability

3. Have some prior experience, if possible

4. Have someone independent, if possible

5. Use an external investigator, if necessary

6. Consider - Would they make a good witness?

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Step 1 – The Investigation

• Communication with employee - notification of allegations and

invitation to investigation meeting

• Investigation meeting(s)

• Report/findings

Step 2 - The Disciplinary Hearing

• Invitation to the Disciplinary Hearing

• Notification of disciplinary meeting under the Disciplinary Procedure

• Notification of the allegations

• Right to representation

• Enclose supporting documentation / disciplinary policy

• Potential sanction

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Step 2 - The Disciplinary Hearing contd

• Not the same person who conducted the investigation

• Review the allegations

• Allow employee respond

• Witnesses

• Be patient – reflect, consider and decide

• The sanction (up to and including dismissal)

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The Decision

1. Written Notification

2. Clear reasons for your decision

3. The balance of probabilities

4. Act proportionately

5. Sanction – Range of Warnings (Verbal/Written/Final)

Demotion / Pay Cut/ Withhold Bonus

Suspension without pay

Dismissal

6. Improvement required/timescale (if applicable)

7. Lifespan

8. Appeal

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Step 3 – The Appeal

• Grounds of Appeal

• New Evidence

• Full Re-hearing

• Sanction pending outcome of appeal

• Can I increase the sanction on appeal

• Alternative Sanctions – Training

Reasonable Accommodation

Top Tips

• Have 3 steps at every stage

• Be clear about individual roles and responsibilities in the process

• Be reasonable – punishment must fit the crime

• Remember: 80% Process

20 % Substance

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The Don’ts of Disciplinary Procedures Ronnie Neville Partner Mason Hayes & Curran

The Don’ts of the Disciplinary Process

1. Don’t delay in addressing the issue

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The Don’ts of the Disciplinary Process

2. Don’t ignore your own policy

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The Don’ts of the Disciplinary Process

3. Don’t change the parameters

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The Don’ts of the Disciplinary Process

4. Don’t involve a cast of thousands

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The Don’ts of the Disciplinary Process

5. Don’t skip steps

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The Don’ts of the Disciplinary Process

6. Don’t introduce new allegations at the

disciplinary hearing

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The Don’ts of the Disciplinary Process

7. Don’t tell the chair of the disciplinary

meeting what his/her decision should be

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The Don’ts of the Disciplinary Process

8. Don’t have the sanction/dismissal letter

ready before the disciplinary meeting

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The Don’ts of the Disciplinary Process

9. Don’t ignore the impact of Data

Access Requests

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The Don’ts of the Disciplinary Process

10. Don’t treat people differently -

be consistent

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Questions

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Contact Details

Ger Connolly Partner Mason Hayes & Curran t: +353 1 614 2409 m: + 353 86 795 0947 e: gconnolly@mhc.ie

@mhclawyers

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Contact Details

Orla O’Leary Senior Associate Mason Hayes & Curran t: +353 1 614 5871 m: + 353 86 020 8780 e: ooleary@mhc.ie

@mhclawyers

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Contact Details

Ronnie Neville Partner Mason Hayes & Curran t: +353 1 614 5011 m: + 353 86 854 4480 e: rneville@mhc.ie

@mhclawyers

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Thank you For any queries on upcoming events, please contact events@mhc.ie @mhclawyers