Tríona Sugrue is a Knowledge Consultant in the firm’s Employment Practice Group. Tríona has extensive experience advising on all aspects of contentious and non-contentious employment issues and representing parties in employment disputes before the Workplace Relations Commission, the Labour Court and the civil courts. She provides professional support to the Employment Practice Group and clients in relation to all aspects of employment law. She is a lecturer in Employment Law at the Law Society of Ireland and regularly contributes to publications on employment law topics. She is co-author of Labour and Employment Compliance in Ireland.
Legal Representation at a Disciplinary Hearing – When is this Permitted?
In a much anticipated judgment delivered on 11 November 2019, McKelvey v Irish Rail, the Supreme Court brought welcome clarity to the legal position regarding the right of an employee to be accompanied by a legal representative at a disciplinary hearing.
Last year the Court of Appeal found that the circumstances in which an employer would be obliged to exercise a discretion in favour of permitting legal representation should be "exceptional". The case was appealed to the Supreme Court in February 2019. The Supreme Court has now had the final say on the matter and emphasised that this right only arises in exceptional circumstances. This month, Triona Sugrue
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