Employment law explainer: What are fair procedures?

  • Employment Law
Employment law explainer: What are fair procedures?
Nóra Cashe

Nóra Cashe, Litigation Manager

(Last updated )

Jump to section:

First published: February 25th 2020
Last updated: June 20th 2023

As an employer, you’ll understand that no two days are the same. One day brings an exciting new business opportunity, the next an unexpected employee issue.

Employee issues can test your patience as well as your management capabilities. The list of challenging employee issues range from long-term sickness and poor performance to handling maternity leave or dismissing an employee correctly.

The proper management of a dismissal process is something employers commonly get wrong. The key thing to consider before terminating any contract of employment is to ensure the employee receives an opportunity to present their side of the story.

This area of HR is better known as the law around unfair dismissals.

Fair procedures in Ireland

Unfair dismissals law in Ireland is underpinned by legal principles known as natural justice and fair procedures.

These core legal principles date back to Roman times. The Romans believed that certain legal principles were so self-evident that they didn’t need to be enshrined in statute.

The first rule is known as “nemo iudex in causa sua” which means that no person can act as judge in a case in which they have an interest. In practice, this means an independent person should carry out the investigation and disciplinary processes into any alleged employee ill-discipline.

To comply with fair procedures, investigators should have no direct management responsibility for the department within which the alleged ill-discipline occurred. And generally speaking, the more serious the incident, the more independent the investigation team needs to be.

A literal translation of the second rule of “audi alteram partem” is “hear the other side too”.

In practice, this means that no employee should be judged without first receiving a fair hearing at which both sides have an opportunity to respond to any evidence produced against them.

WRC Code of Practice guidance on fair procedures

Under the Workplace Relations Commission’s Code of Practice on Grievance and Disciplinary Procedures, disciplinary procedures should comply with the general principles of natural justice and fair procedures.

Any such process should ensure:

Non-compliance with fair procedures

All too often, we see employers who dismiss a member of staff without affording the employee their fundamental right to fair procedures.

Jumping the gun can result in having to defend an unfair dismissal claim in the Workplace Relations Commission. If an employee is successful with such a claim, they may be awarded up to two years’ remuneration in compensation.

So the next time an employee steps out of line, make sure you hear them out before confirming your initial reaction to dismiss. Dismiss in haste, repent at leisure.

Expert HR advice on fair procedures and unfair dismissals

Speak to one of our HR experts today on 1800 719 216 for instant advice on unfair dismissals and fair procedures.

You can also download our free Unfair Dismissal guide.

Employment Law FAQs

All your employment law questions, answered!

Related articles

  • AI in the Workplace: Peninsula Group Global Survey 2024

    Blog

    AI in the Workplace: Peninsula Group Global Survey 2024

    Peninsula recently completed a survey of how client businesses are engaging with AI. The results have been interesting and will hopefully provide employers in Ireland with better insight into how companies are currently interacting with AI. The following information may help inform how you use AI as part of your future business model. 356 clients participated in the survey and response figures are based on actual business numbers and not percentage.  

    Peninsula
    Peninsula TeamPeninsula Team
    • Business Advice
  • AI in the Workplace - Survey 2024 Results and what they reveal!

    Blog

    AI in the Workplace - Survey 2024 Results and what they reveal!

    Peninsula recently completed a survey of how client businesses are engaging with AI. The results have been interesting and will hopefully provide employers in Ireland with better insight into how companies are interacting with AI. The following information may inform how you use AI as part of your future business model. 356 clients participated in the survey and response figures are based on actual business numbers and not percentage.

    Peninsula
    Peninsula TeamPeninsula Team
    • Business Advice
  • school closure

    Blog

    How will the schools closure impact Irish employers?

    The Government has confirmed that schools will not reopen on Monday, January 11th as part of policy to reduce the rising COVID-19 case numbers. While some special education facilities will remain open, the overall goal is to reduce the mobility of the population. This means most schoolchildren will be confined to remote education from home.

    budget
    Alan HickeyService and Operations Director
    • Business Advice

Try Brainbox for free today

When AI meets 40 years of Peninsula expertise you get instant, expert answers to your HR and health & safety questions

Sign up to our newsletter

Get the latest news & tips that matter most to your business in our monthly newsletter.