Workplace Grievance & Disciplinary Processes
We are here to provide expert legal advice on workplace grievance and disciplinary processes. Employment Law Solicitor has extensive experience advising both employers and employees on these matters. Our team has a strong track record of achieving successful outcomes through both formal and informal resolution mechanisms.
Speak to one of our Dublin-based specialist employment solicitors to determine how we can assist with your workplace grievance or disciplinary issue.
Grievance Process vs. Disciplinary Process
- Grievance procedures apply when an employee has a complaint or concern that they wish to bring to their employer’s attention for investigation or resolution.
- Disciplinary procedures outline the steps an employer must take when handling allegations of employee misconduct or wrongdoing.
Workplace Policies and Procedures
If an employee intends to rely on a workplace grievance in any legal proceedings, they must typically follow the grievance procedures in place at their employment. Similarly, employers are required to have clear disciplinary procedures in place and to consistently apply them when necessary.
Informal vs. Formal Process
Workplace grievance and disciplinary procedures generally progress from informal to formal stages:
- Informal Resolution: Employers should attempt to resolve complaints or misconduct issues at an early stage through informal discussion.
- Formal Procedures: If informal resolution is inappropriate or unsuccessful, a formal process will be initiated, ensuring proper documentation and adherence to procedural fairness.
Workplace Investigation Process
A workplace investigation should:
- Involve meetings with all relevant parties
- Establish objective facts
- Allow the employee to be represented by a colleague or representative
- Conclude with a written report summarizing the findings and aligning with the investigation’s terms of reference
Fair Procedure & Employee Rights
The Constitution guarantees fair procedures, meaning that employees under disciplinary investigation must be:
✔ Provided with all evidence against them
✔ Allowed to cross-examine any accusers
✔ Given the opportunity to present rebuttal evidence
✔ Permitted to defend themselves before any disciplinary decision is made
Investigation vs. Disciplinary Hearing
It is crucial to distinguish between:
- Investigations: These focus solely on establishing the facts.
- Disciplinary Hearings: These determine whether sanctions (including potential dismissal) should be imposed based on the findings.
Making a Workplace Complaint
Employees should first raise their concerns with their employer to allow for internal resolution. If this process fails to deliver an adequate outcome, they may escalate the matter to the Workplace Relations Commission for adjudication. In some cases, civil legal remedies may also be available.
Engaging an Employment Solicitor
By consulting an employment solicitor, both employees and employers can ensure they fully understand their rights, obligations, and available legal options. Employment Law Solicitor has a proven track record of securing favorable outcomes for clients through both formal legal processes and negotiation.