Drafting and Implementation of Disciplinary and Grievance Procedures

There is a legal obligation on all employers to supply all employees, not later than 28 days after commencing employment, with written procedures that the employer will observe before dismissing an employee. Any changes to the procedure must be notified to the employee within 28 days of the change being made. We can assist in the drafting and implementation of a Disciplinary and Grievance Procedure so that you are compliant with legislation as an employer. We can also advise employees as to whether or not the correct procedures are being adhered to within their organisation.

The Industrial Relations Act, 1990 (Code of Practice on Grievance and Disciplinary Procedures) Declaration Order, 2000, (S.I. 146/2000) sets out best practice on disciplinary and grievance procedures. Although the Code of Practice does not have mandatory effect, it is used by the courts and the Employment Appeals Tribunal as a “yardstick” against which an employer’s procedures can be measured.

According to this Code of Practice, the essential elements of any procedure for dealing with grievance and disciplinary issues are that they be rational and fair, that the basis for disciplinary action is clear, that the range of penalties that can be imposed is well defined and that an internal appeal mechanism is available.

As an employer procedures should be reviewed and up-dated periodically so that they are consistent with changed circumstances in the workplace, developments in employment legislation and case law, and good practice generally.

Good practice entails a number of stages in discipline and grievance handling. These include raising the issue with the immediate manager in the first instance. If not resolved, matters are then progressed through a number of steps involving more senior management, HR/IR staff, employee representation, as appropriate, and referral to a third party, either internal or external, in accordance with any locally agreed arrangements.

The use of disciplinary procedures is strongly recommended to employers where an employee’s conduct, attendance or performance is of concern. Failure to use or comply with procedures, of itself, may render the dismissal unfair. Disciplinary action may include an oral warning, a written warning, a final written warning, suspension without pay, transfer to another task, or section of the company, demotion, some other appropriate disciplinary action short of dismissal and dismissal.

The procedures adopted should normally include a set of graduated steps from verbal and written warnings to suspension on pay and eventually dismissal. There is no set rule about how many warnings there should be in any case. The test is: what would a reasonable employer do? If appropriate, the employer should notify the employee of any shortcomings, suggest improvements and give a period of time in which to make the improvements. The employee should also be notified of the consequence of not making the improvements e.g.dismissal might be considered. In cases of serious misconduct, it may be appropriate to move to a later stage of the procedure much more quickly. If requested, an employer must give the reason(s) for dismissal in writing within 14 days of the request.

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