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Find out the risks to an employer when a preliminary investigation goes too far

AUTHOR(S): Bryan Dunne
PRACTICE AREA GROUP: Employment, Pensions and Benefits
DATE: 22.03.2016

In the latest episode of Matheson’s Employment Law Podcast series, Bryan Dunne discusses a recent decision of the Irish High Court which illustrates the risks to an employer when a preliminary investigation goes too far.

The key issue for employers, as highlighted in this case, is the risk of triggering a much higher standard of fair procedures and due process in a preliminary investigation. This can occur where the investigator seeks to reach conclusions of fact at the preliminary investigation stage, rather than simply deciding whether there is a sufficient basis on the facts as alleged or evidence gathered to warrant the matter being put to a disciplinary hearing. The practical difficulty that arises where this occurs is that the employer may not have allowed the degree of fair procedures that the type of conclusion ultimately reached requires, and at that point it is too late to adapt to this.

Listen to the employment podcast to find out the facts, and key outcomes from the case and what this means for you as a representative of a large employer in Ireland. You can download all of the episodes in the series here. They are also available to download on iTunes and Soundcloud. Please click here to view the full decision.

The Irish Employment Law Podcast Series is produced by Bryan Dunne, Head of Employment at Matheson. In the series he discusses the latest developments in employment law. The podcasts are a key resource in keeping up to date for HR practitioners, employment lawyers and international employers with employees in Ireland.

Contact us to request a copy of the transcript for this recording

Visit the Stay Informed page to sign up for Employment updates. 

Disclaimer: These podcasts present an overview of the cases and law and do not constitute legal advice. How the law will apply in any particular case will depend on the individual circumstances. Listeners should seek legal advice if any of the matters discussed are relevant to them. 

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