How to... Avoid Disciplinary and Dismissal Disasters
Published on: 25/07/2018
Article Authors The main content of this article was provided by the following authors.
Dr. Gerry McMahon MD, Productive Personnel Ltd
Dr. Gerry McMahon MD, Productive Personnel Ltd
Gerrys L I Head Shot resized

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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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 25/07/2018
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