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Mediation, especially in the workplace, if carried out by professional and accredited mediators can be a “win-win” for all parties, employers and employees, with hopefully agreeable resolutions in a shorter timeframe, in a safe environment, and less costly (compared to investigations, disciplinary procedures and sanctions, possible WRC cases and representation, financial awards and potential appeals to the Labour Court)

Mediation, if provided as an option, in the terms and conditions of employment, can provide a viable option to resolving disputes in a timely manner, with potentially minimal interruption to the organisation and at a fraction of the cost of industrial relations mechanisms. As a qualified accredited Mediator, with the Mediation Institute of Ireland, I can provide a combination of both mediation skills and expert employment guidance, to you, the employer.

Talk to me about this option. Is it viable and achievable in your organisation at this time? How it works for the employer and the employee? What is the process, how long does it take and the associated costs?

Any further questions about Mediation, take a look at our FAQs and get in contact.

Dealing with formal complaints and investigations can be daunting for employers! Where to start? What to do? How to investigate?

Seeking an independent employment expert, with extensive experience in managing and carrying out investigation, can be professional prudent and financially beneficial in the long term.

Managing and setting out the clear parameters and plan of the investigation from the outset is key. Being clear on the accusation or actions to be investigated, setting clear Terms of Reference and timeframes, setting down how the investigation will take place and identifying what parties need to be interviewed, how they will be interviewed and how the process will work provides a stable and clear foundation.

In addition, ensuring compliance with best practice, professional ethos in managing the process, ensuring transparency of the process, as well as providing assurance to all parties best practice is being followed and an independent report will be provided helps stabilise emotions and the workplace environment.

Why not talk to me about assisting you with investigation and how I can help? Timeframes and costings can be set out on a case-by-case basis subject to the best needs of the case, and as always, all proposals will be clearly set out in advance of any work commencement.

Any further questions about Investigations, take a look at our FAQs and get in contact.

Many WRC cases against employers are lost or challenged by companies not following their own procedures! In addition, investigations, disciplinaries and appeals being carried out by the same parties in companies is in breach of natural justice.

Therefore, being pre-emptive, building robust and clear policies and procedures incorporating best practice and reviewing them regularly, with the guidance of an experienced employment expert, can help prevent misunderstandings, provide clarity to employers and employees, and reduce the risks both financially and operationally to the organisation

Although the Codes of Practice on Grievance and Disciplinary Procedures (S.I. No. 146/2000 - Industrial Relations Act, 1990 (Declaration) Order, 2000 clearly sets out best practice, as a guide to carrying out grievance and disciplinary procedures, internal company procedures and policies are the primary driver, as agreed between employers and employees as part of the terms and conditions of employment. Primarily the role of the WRC is not to carry out the grievance and disciplinary again, their role is to ensure proper procedures were followed, especially in line with best practice guidelines.

In conjunction, of course, all employees should be given a fair right of transparency of the alleged breaches and documents / evidence, copies of investigation reports, in advance, and a right of reply and representation

In addition, appeals hearing, once clear in the procedures, and made within the requisite timeframes, should be assessed independently by an appeals panel or person not previously involved in any disciplinary process previously in relation to the matter in question.

The above is the primary reason independent expert employment guidance and support is needed to ensure a factually based clear and robust process and procedure is carried out diligently and professionally in the interest of all parties, and especially for employers to pre-empt potential litigation.

Why not talk to me about where to start with potential disciplinary sanctions? What to do? How to do it? What approach to take and what if any, fact finding pre-emptive work may be required beforehand to ensure compliance with best practice.

Costings and timeframes can be set out on a case-by-case basis subject to the best needs of the case, and as always, all proposals will be clearly set out in advance of any work commencement.

Any further questions about Disciplinary Procedures & Appeals, take a look at our FAQs and get in contact.

For employers, especially SME’s, employment law can be a minefield! What is the law? What should I do? How should I manage and implement change if needed? How can I manage expectations? How can I deal with disputes simply, easily and without unrest?

The foundations for guidance on all employment relationships disputes should be clearly set down in the contract of employment. If not already written down, then also factors of custom and practice have also to be considered. By reaching out early to an independent employment expert, simple guidance can be provided to ease concerns, reduce potential conflict, and seek to maintain positive working relationships and productivity.

There are always solutions to all workplace relations situations. In extreme cases, disputes may escalate or be beyond local resolution, and employers need to be prepared for potential WRC investigation and hearings. An experienced employment expert can guide you along the journey of potential WRC complaints process, how it works, what needs to be done, and of course, independent assessment of all the facts.

As always, potential litigation by employees must be considered case-by-case subject to the assessment of facts, the impact on the image of the company, and the potential resources and time required to carry out a potential case to completion, along with associated costs and potential awards.

Independent employment expert support is key to providing employers with a balanced view of all the facts in a clear and understandable manner to make informed decisions.

Any further questions about Employment Guidance, take a look at our FAQs and get in contact.