Expert,
Efficient,
Effective.
Crushell & Co have extensive experience in advising both employers and employees on all aspects of the discrimination in the workplace under Irish employment law. We have a track record of achieving successful outcomes for our clients, through both formal and informal mechanisms.
Speak to one of our Dublin based specialist employment solicitors to determine how we can best assist you with your discrimination in the workplace issue.
Workplace Complaints Process and Procedures
Complaints and Grievance Procedures under Irish Employment Law
Raising a Workplace Complaint or Concern
Raising a Workplace Complaint or Concern
A grievance procedure will usually proceed from informal to formal processes.
In the first instance the procedure will provide for an attempt to address the grievance or concern as informally as possible.
If the informal approach is inappropriate or refused then a formal procedure may be provided for.
Procedural
Fairness
Procedural
Fairness
Various employment laws embed procedural fairness into the employment context. The reasonableness of an employer’s conduct and adherence to accepted or contractual procedures is essential to fairness. The burden rests squarely on the employer to act reasonably and comply with fair procedures, particularly in relation to grievances or concerns raised.
Policies and
Procedures
Policies and
Procedures
"In the interest of good industrial relations, grievance and disciplinary procedures should be in writing and presented in a format and language that is easily understood." - Code of Practice on Grievance and Disciplinary Procedures
If an employer has established a grievance policy and procedure, it is important that both parties strictly follow the recommended processes.
Pursuing
Internal Process
Pursuing
Internal Process
The issue of whether or not an employee is obliged to pursue the internal grievance procedure available to him or her is one that is most often examined in the context of whether or not that employee’s behaviour is “reasonable”. This may be in the context of unfair dismissal proceedings, or constructive dismissal proceedings or claims for personal injuries arising from work induced stress. We always advise that an employer be afforded an opportunity to remedy the issues complained of.
Not Using
Internal Process
Not Using
Internal Process
In Conway v. Ulster Bank Limited, the Workplace Relations Commission (WRC) found that an employee’s resignation was unreasonable in circumstances where he had not fully pursued the Bank’s grievance procedures. The WRC found that an elaborate grievance procedure had existed but the employee did not use it, therefore the employee had not acted reasonably in resigning first without having substantially utilised the grievance procedure in an attempt to remedy her complaints.
No Confidence in Internal Process
No Confidence in Internal Process
However, in Allen v. Independent Newspapers Limited,
the WRC concluded that on examination of all the facts in that case and the history of the exchanges, it was reasonable in all the circumstances for the claimant to have had no confidence that the company would properly or effectively address her grievances, before she resigned. The WRC was satisfied that at various stages throughout her employment the claimant had brought her complaints to senior management within the respondent newspaper.
Formal
Investigation
Formal
Investigation
The final formal step is a formal investigation of the complaint. The investigator should meet with all parties and establish the facts and allow representation by a colleague or representative.
The investigation should ultimately culminate in a written report to management containing the findings of the investigation. These findings should relate specifically to the terms of reference of the investigation.
Right to
Legal Representation
Right to
Legal Representation
A number of factors need to be considered when deciding if legal representation is required, such as the seriousness of the matter, whether any points of law are likely to arise and the capacity of an employee present his or her own case.
In any event, an employee can consult with an employment solicitor, at any point, to determine their legal rights and potential options.
Crushell & Co is a boutique law firm offering bespoke employment law advice. We advise employers and employees on all aspects of Irish employment law. We have extensive experience in advising clients on every aspects of the employment relationship, from recruitment to retirement, remuneration to redundancy and workplace disputes to dismissal. We have a track record of achieving successful outcomes for our clients, through both formal and informal mechanisms.
Speak to one of our Dublin based specialist employment solicitors to determine how we can best assist you with your employment law matter.
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