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Republic of Ireland: Disciplinary and misconduct investigations – legal framework, fair procedures, investigator selection, suspension, representation, sanctions, appeals and data protection
PRACTICE NOTES
Republic of Ireland: Disciplinary and misconduct investigations – legal framework, fair procedures, investigator selection, suspension, representation, sanctions, appeals and data protection
This ‘How to’ guide explains how to run a disciplinary or misconduct investigation in Ireland. When a suspected misconduct matter emerges at work, the initial step is to examine the issue, establish the facts, and decide on an appropriate employer response. Doing so enables the employer to act fairly and reduce the likelihood of unfair dismissal claims. The purpose of a disciplinary investigation A disciplinary investigation seeks to clarify the facts and context surrounding an allegation of misconduct against an employee. It serves two main aims: to collect, in a fair and impartial way, all evidence and records relevant to the allegation to advise whether the issue should proceed to disciplinary action under the employer’s formal disciplinary procedure Legal considerations and implications Those advising in this field may find it useful to consult: Article 40 of the Constitution of Ireland Section 14 of the
Ireland - Employment
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