Disciplinary and Dismissal

Not all employer and employee disputes will end in dismissal. However when embarking on the disciplinary process, both sides need to ensure they comply with all legal requirements. This is an area where the emphasis needs to be on "resolution".

In basic terms, the law requires employers to have good reason, or substantive justification for disciplinary action from warnings to dismissal and to follow a fair process in implementing such action. Procedural fairness involves investigating the allegations and putting those allegations to the employee for comment before deciding whether disciplinary action is needed.

What is fair in each situation depends very much on the specific circumstances and for this reason, we recommend seeking legal advice before starting a disciplinary process or taking disciplinary action with employees, to manage and avoid the pitfalls that can lead to costly personal grievance action. Equally if you are an employee, early advice will help you to assess your options, any risks balanced against any gains, and understand what you can do to maximise your chances.

What we do:

  • Review the background and information relating to the employment dispute
  • Advise on procedure to be followed
  • Negotiate/mediate a resolution
  • Prepare necessary documentation
  • Appear before Employment Relations Authority and Employment Court if necessary.

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