Claire Hayes v Kinsellas of Rocklands [2014]
Decision Number: Legal Body: Workplace Relations Commission
Published on: 27/11/2015
Issues Covered:
Article Authors The main content of this article was provided by the following authors.
Bernadette Treanor Founder
Bernadette Treanor Founder
Bernadette treanor

Bernadette Treanor is the founder of Beo Solutions, an employee relations and engagement consultancy which provides best practice expert leadership and impartial organisational support in the areas of employee relations, employee engagement, workplace investigations, disciplinary hearings and mediation. 

An expert in equality law, Bernadette provides Equality reviews and assessments, including assessments of cases being prepared. She is a Committee member of the Employment Law Association of Ireland (ELAI) and CIPD member. She reviews equality Decisions issued by the Equality Tribunal for Legal Island monthly and chairs its annual Equality Conference aimed at equality practitioners.

Background

In this Determination the Tribunal (heard on 25/2/14) has made particularly useful and clear comments that can be used as directions for such investigations where theft is being considered as follows.

“It is important to recognise that investigative and disciplinary procedures that might be sufficient in one instance may not be in another, particularly in a case w[h]ere criminality is on the agenda. Where there is a possibility of a finding being made by an employer that an employee has stolen goods, particular care must be taken.” …

… “Having considered the totality of the evidence, the Tribunal is of the view that the investigative and disciplinary processes undertaken in this instance fall short of the appropriate standards where

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 27/11/2015
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