This case involved an application for judicial review. The applicant was notified in 2015 that a complaint of bullying had been made against him by a colleague. The applicant’s principal had been aware of the alleged incidents and complaints since 2008. An investigation into these complaints was accordingly launched as per the industrial relations procedure.

These investigations were carried out by an independent company of investigators over a period of forty-three weeks (despite the agreed policy period of five to six weeks). Following their investigations the investigators upheld four specific instances of bullying. At no point in the investigation was the applicant permitted to cross-examine or challenge his accuser. However, he was given 15 working days to make a limited appeal to the decision but his appeal was rejected.

The applicant was required to attend a Stage 4 Disciplinary Meeting to determine the appropriate disciplinary action in his case. The applicant’s solicitors subsequently wrote to the respondents objecting to this course of action.

The court held that the failure to allow legal representation, on behalf of the client, at the meeting was a breach of his constitutional rights and the refusal to allow cross-examination was a breach of fair procedures. The court held that the investigation required these as a matter of law and fair procedures as an individual whose job is at stake must be allowed challenge and cross-examine evidence. The summoning of the applicant to the Stage 4 disciplinary meeting was accordingly set aside as it was not founded on a constitutionally sound investigative process.
http://www.courts.ie/Judgments.nsf/09859e7a3f34669680256ef3004a27de/e54eea25421c8738802581230045709f?OpenDocument