Employee Verbal Warning
What can an Employee do who was refused an appeal of a Verbal Disciplinary Warning received by them from an Employer ?.
Professional reputation is very important and when an employee denies any allegations of wrongdoing, yet is faced with having received a verbal warning for an incident, then it may be necessary for that employee to challenge any unfairness to protect their good name.
If you have any questions our contact details are on out site.
If you wish to contact us to discuss, we can be contacted on (01) 546 1121 or (052) 612 1999 or info@clearysolicitors.com
At Cleary & Co. we specialise in Employment Law and have many years of experience dealing with disputes successfully at this stage.
An employer who submits a verbal warning to an employee for something, should have previously followed a fair and transparent procedural process that afforded the employee due process, fairness, and natural justice.
Many times in circumstances where allegations involving gross misconduct arise, fair procedures are not employed by employers and due process does not take place.
An employer justifiably wishes to protect their business, and are very concerned about an impact on some aspect the business due to something an employee has done, but it is nevertheless incumbent on the employer to have fair procedures in place and implement them in a step-by-step manner regarding that employee. An employee is entitled to defend an allegation.
An employee should not be left in the dark regarding allegations made. They are entitled to have the detail in relation to same, notice of any meetings about the complained of conduct etc.
What the ‘’incident’’ or alleged employee misconduct entails, notification of same in full should be provided to an employee prior to any investigation meeting, and the process for dealing with the allegations should also be outlined to the employee.
Regarding the investigation and disciplinary procedures, it is important for employers to follow company Employee Handbooks or company Disciplinary Policies and Procedures.
The Code of of Practice on Grievance and Disciplinary procedures seen here of 2000 can assist employers and employees alike understanding general principles and procedures which should be place.
Cleary & Co. Solicitors, Litigation Law Firm
Kieran Cleary and Roger Cleary Employment Law Solicitors can help with questions you may have regarding employment law matters and our numbers are (01) 546 1121 or (052) 612 1999 or our email address is info@clearysolicitors.com
Industrial Relations Act 1967
If an employee considers they have been treated unfairly and that they have not received an appeal to a disciplinary sanction, or that they dispute the verbal warning from the employer from a substantive or procedural perspective, they can refer to the matter to the Workplace Relations Commission to have the matter adjudicated upon under S.13 of the above act, which states:
Where a trade dispute (other than a dispute connected with rates of pay of, hours or times of work of, or annual holidays of, a body of workers) exists or is apprehended and involves workers within the meaning of Part VI of the Principal Act, a party to the dispute may refer it to a rights commissioner.
Recommendations can be made at the Workplace Relations Commission that compensation should be paid for the reputational damage and stress caused by a flawed process, for example.
Disclaimer
Please be advised that the above-mentioned material is intended as an overview and as a broad out-line of the topic discussed. It should not be considered as complete and comprehensive legal advice, nor act as an appropriate substitute.
Legal advice should be sought from a solicitor prior to relying on anything in this article.
Due care has been taken in the publication of this article and we do not accept legal liability as a result of reliance on any material covered in the above article.
Cleary & Co. Solicitors – Litigation Law Firm
If you have an employment law issue and wish to discuss it, Kieran Cleary and Roger Cleary are experienced Employment Law Solicitors who can help with questions you may have regarding such a matter.
Contact details are (01) 546 1121 or (052) 612 1999 or our email address is info@clearysolicitors.com
Cleary & Co. have many years of experience specialising in employment law and have successful track record resolving disputes.
Personal Injuries * In contentious business, a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
Employment Law Articles
- Employment Law Ireland
- Unfair Dismissal Ireland 2024
- Protected Disclosures
- Constructive Dismissal Ireland
- Redundancy Ireland
- Bullying at the Workplace
- Workplace Harassment
- Discrimination at the Workplace
- Disciplinary Meetings & Fairness
- Deduction from Wages – Employment Law
- Dyslexia Discrimination at the Workplace
- Disability Discrimination at the Workplace
- Discrimination – Interview Process
- Disciplinary Procedure & Unfair Dismissal
- Workplace Investigations Ireland
- Age Discrimination in the Workplace
- Redundancy & Maternity Leave
- Redundancy Ireland Guide
- Redundancy Calculator Ireland
- Selection Criteria for Redundancy & Performance
- Selection Criteria for Redundancy & Genuine Consultation
- Redundancy & Temporary Lay-Offs
- Unfair Selection for Redundancy
- Redundancy & Consultations
- Redundancy Selection – Alternative Options
- Redundancy Claim Defence – Redeployment
- Retirement Ages & Discrimination
- Sick Leave & Covid-19
- Sick Pay Leave Bill
- Sick Leave & Dismissal
- Sick Pay Entitlement
- Gross Misconduct & Dismissal
- Health & Safety Unfair Dismissal
- Annual Leave Entitlement
- Calculating Loss in Unfair Dismissal Claims
- Unfair Dismissal Ireland – Probation
- Disability Discrimination Ireland
- Unfair Dismissal Claim – Employee Duty to Mitigate Loss
- Employee Verbal Warning Appeal
- Employer Delays Bullying Investigation
- Epilepsy Discrimination at the Workplace
- Disciplinary Meetings – Employment Law
- Filling out Workplace Relations Complaint Form
- Fixed-Term Employee & Pregnancy Dismissal
- Fixing Retirement Ages
- Statutory Break Entitlements
- Redundancy Selection in Ireland
- Redundancy Selection Criteria Matrix
- Time Limits – Cases
- Student Discrimination
- Severance Agreements & Tax Advice
- Terms of Employment 5 Day Rule
- Text Message & Disciplinary Meetings
- Transfer of Undertaking
- Unfair Dismissal Claim- Dismissal in Dispute
- Compensation for Unfair Dismissal
- Unfair Dismissal Claim & CCTV
- Workplace Statutory Rest Periods
- Gardai & Employment Disputes
- Gender Dismissal Discrimination
- Grievance Procedures & Constructive Dismissal
- Guide for Employees in Redundancy Selection Process
- Maternity Leave & Salary
- New Postponement Guidelines WRC
- Legal Representation at Disciplinary Hearings
- Part-Time Workers
- Plumbers & Pipefitters
- Pre-emptory Dismissal
- Pregnancy related Discrimination
- Pregnancy related Unfair Dismissal
- Proving Fairness in Unfair Dismissal Actions
- Race Discrimination in the Workplace
- Red Circling Defence
- Workplace Relations Commission
- Employment Notice Periods
- 3 Ingredients to Prove Workplace Victimization
- Christmas Bonus for Employees
- Covid-19 Force Majeure Leave
- Redundancy Ireland & Covid-19
- Defence to Disability Discrimination Claim Ireland
- Workplace Discrimination – Gender & Family Status ground
- Discrimination on a Licensed Premises
- Discrimination in Schools
- Employers Guide to Defending Unfair Dismissal Ireland
- Workplace Whistleblowing Policy
- Temporary Lay-Off & Covid 19
- Temporary Lay-off & Non-Payment of Wages
- Severance Agreement & Legal Advice
- Unfair Dismissal Claim – Mitigating Loss
Need Legal Advice? No problem. Contact Us Today!
We assist people with Employment Law matters and have many years of experience at this point resolving workplace disputes.