Gerry McMahon is an acknowledged national expert in People Management. He has over 35 years’ experience - as a workplace investigator (on bullying/harassment/ disciplinary/dismissal/grievance issues), trainer, negotiator, facilitator, mediator, arbitrator and team builder - across a wide range of employment sectors. He is the M.D. of the H.R. training and advisory company Productive Personnel Ltd.
Gerry has also had an extensive range of books and articles published and been a columnist with the Industrial Relations News, Irish Times, Sunday Business Post, and Irish Independent and expert commentator on H.R./Employee Relations for R.T.E. and TV3/Virgin. He has also served on numerous Legal Island and C.I.P.D. judging panels and is a Council member of the Irish Association for Industrial Relations.
Contact: Tel. 087-2471415; E-Mail: ppl1gerry@gmail.com
Shortly after its establishment the Workplace Relations Commission (WRC) issued instructions to practitioners, claimants and respondents availing of their services in dismissal cases (WRC, 2015). The instructions directed employers that they:
… must set out the facts of the events leading to the dismissal including, where relevant, disciplinary meeting(s) held, investigation undertaken, disciplinary hearing(s) conducted, internal appeal(s) conducted, any other relevant information ...
Code of Practice on Grievance and Disciplinary Procedures (Declaration) Order, 2000 ⚓︎
This instruction goes to the heart of many unfair dismissal findings. With the onus of proof normally residing with the employer, it is also apparent that in the vast majority of cases where ‘procedure’ features, employers have an uncanny ability to make a mess of
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