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Grievance and Disciplinary Solicitor

Grievance and Disciplinary Processes under Irish Employment Law

We are here for you when you need expert legal advice on workplace grievance and disciplinary processes. Crushell & Co employment solicitors have extensive experience in advising both employers and employees on all aspects of workplace grievance and disciplinary processes. 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 workplace grievance and disciplinary issue.

Grievance Process v Disciplinary Process

Grievance procedures are those which apply when an employee has a complaint or grievance of whatever nature which he or she seeks to bring to the attention of the employer and to have investigated or resolved. Disciplinary procedures govern the steps to be taken by an employer when an allegation of wrongdoing is made against an employee. 

 Workplace Policies and Procedures

If an employee has a grievance in their employment upon which they seeks to rely in any proceedings of whatever nature, they will, in most instances, be required to have invoked whatever grievance procedures are in place in their employment. Likewise, there is an obligation on the employer to ensure that disciplinary procedures are in place and that they are activated and pursued.  

Informal v Formal 
Process

A grievance or disciplinary 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 complaint as informally as possible. If the informal approach is inappropriate or refused then a formal procedure is provided for. 

Workplace Investigation Process

An 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.  

Fair 
Procedure

The Constitution guarantees the right to fair procedures for all citizens, such that an employee must be afforded a reasonable means of defending himself or herself, which requires them being: furnished with a copy of the evidence against that person; allowed to cross-examine the accuser or accusers; allowed to give rebutting evidence; and   permitted to address the body concerned in that person’s own defence. 
  

Investigation and Independence

It is important to be clear at all points whether or not what one is undertaking is an investigation which will arrive merely at findings of fact or whether or not one is involved in a disciplinary hearing, the result of which may be the imposition of disciplinary sanction up to and including dismissal. 

Making a 
Complaint 

It is always recommended that employers be afforded an opportunity to address any workplace concerns, complaints or grievances, in the first instance. If an employee does not achieve an adequate response, they may bring a claim to the Workplace Relations Commission, where the matter may be adjudicated. There may also be civil remedies available.

Engaging an Employment Solicitor

By engaging an employment solicitor to assist with a workplace dispute, an employer or employee can rest assured that they are fully briefed on the options available. Crushell & Co have a track record of achieving successful outcomes for clients through both formal and informal processes.

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.


For further information, please complete the form below or contact our offices to schedule a consultation.

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Specialist
Employment Solicitors

Crushell & Co bring deep knowledge and expertise in servicing both employer and employee client requirements in addressing grievance and disciplinary issues. 

Cost Effective
Employment Solicitors

Crushell & Co offer exceptionally competitive rates, ensuring our expert legal advice on grievance and disciplinary issues is accessible to all.

Client Focused Employment Solicitors

Crushell & Co are relentlessly client focused, ensuring the best possible outcome to your workplace grievance and disciplinary matter. 

Experienced
Employment Solicitors

By advising both employers and employees, Crushell & Co brings a wholistic perspective to grievance and disciplinary workplace disputes.