Are your employees entitled to have legal representation at disciplinary hearings?

We get this call a lot. An employer invites an employee to a disciplinary hearing and is informed, either verbally or by way of written communication, that the employee wants to have their solicitor attend. The question is: does the employer have to allow this? Historically, we would have advised that only if the disciplinary [...]

By |2021-03-09T14:53:14+00:00March 9th, 2021|Employment Law, HR, Human Resources, Supreme Court|Comments Off on Are your employees entitled to have legal representation at disciplinary hearings?

Employers obligation to provide work to employees with a disability.

The Supreme Court’s recent decision in the Nano Nagle case: Duties of an employer Section 16 of the Employment Equality Acts requires an employer to take appropriate measures to facilitate persons with disabilities in accessing and participating in employment unless those measures would impose a disproportionate burden on the employer. The Act provides non-exhaustive examples [...]

By |2020-03-25T14:52:21+00:00January 2nd, 2020|Disability, Employment Equality, Employment Law, Employment Law, HR, Human Resources, Supreme Court, Workplace Relations Commission, WRC Cases|Comments Off on Employers obligation to provide work to employees with a disability.

Right to Legal Representation in Internal Disciplinary Proceedings

The Supreme Court ruled in November 2019 that employees have no automatic right to bring legal representatives to internal workplace disciplinary procedures. The case of McKelvey v Irish Rail, the court ruled that an employee would need to establish that they have an ‘exceptional’ case that requires the involvement of lawyers. Mr McKelvey was an [...]

By |2020-03-25T15:30:01+00:00January 2nd, 2020|Employment Law, HR, Human Resources, Supreme Court|Comments Off on Right to Legal Representation in Internal Disciplinary Proceedings

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