Paul Joyce – BCL, BL, is a graduate of the National University of Ireland and the King’s Inns and was called to the Irish Bar in 1984. He works as Senior Policy Analyst at FLAC (Free Legal Advice Centre) Dublin. He worked as a part-time lecturer in employment law on Human Resource Management courses in the Dublin Institute of Technology from 1990 to 2003. He is a former member of the Council of the Ombudsman for Financial Services in Ireland and the author of numerous reports and submissions.
This article reviews the importance of the Alan Burns and Another v The Governor of Castlerea Prison and Another case when it comes to guidance on the advisability of lawyers at internal workplace hearings.
Update: Paul Joyce has written a detailed review of the 2017 High Court case of Lyons v Longford Westmeath Education and Training Board [2017] IEHC 272, which has updated the position regarding the right to be legally represented at hearings.
In the High Court case of Stoskus v Goode Concrete Limited High Court, 2007, the court found that it may be possible contractually to agree not to have legal representation in an internal disciplinary hearing. The Employment Appeals Tribunal case of Murphy v College
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