Dismissal: Hints, Tips and Solution-Focused Answers for Employers

Chair's introduction

Discipline and dismissal: Hints, tips and solution-focused answers for employers

Chaired by: Ger Connolly of Mason Hayes & Curran

Ger is "one of Ireland's most skilled and tactically astute employment lawyers." He regularly acts for household-name employers including UBS bank, Xerox and Facebook.

Stress and anxiety

In a grievance, disciplinary or under-performance situation, what must you do - practically and legally - if the employee responds by taking long-term sickness leave, for reasons of stress or anxiety?

Answered by: Ciara McLoughlin of DLA Piper

Ciara is "one of Ireland's very best employment lawyers - she is able to pick up cases and develop them in such interesting ways." She is a regular and highly sought-after media commentator.

Poor attitude

How much do you need to put up with before dismissing an employee because of persistently poor attitude e.g. lack of care, ignoring manager requests, undermining others, poor relationships in team?

Answered by: Siobhra Rush of Lewis Silkin

Siobhra is "proactive, highly commercial and solution-oriented." She advises clients on internal grievance and disciplinary procedures, claims for unfair dismissal and discrimination.

Mental health

Weighing up all the tactical scenarios, when and how do you amend trigger points and progress warnings for frequent short-term absences due to an underlying mental health condition?

Answered by: Michelle Ni Longain of Byrne Wallace

Michelle is acclaimed for her skill in deeply complex cases. "She knows the law inside out and provides focused, practical advice to a huge number of public and private sector employers."

Alcohol and drugs

What are your obligations over alcohol or drug addiction as part of a capability or disciplinary process, when the addiction may be masking an underlying disability?

Answered by: Anne O'Connell of Anne O'Connell Solicitors

Anne is "a standout star" in Irish employment law: "consistently achieving sensational results for her clients." She is the Irish Employment Lawyer of the Year 2019.

Harassment

Using real-life examples of how to overcome the problems, what actually warrants an investigation, especially in bullying and harassment cases?

Who do you involve and when do you allow an appeal?

Answered by: Jennifer Cashman of Ronan Daly Jermyn

Jennifer is "brilliant, hugely experienced and knowledgeable." "She answers difficult questions with unmatched authority" and is recognised in the Women in Law awards for her work.

Return to work

When diagnosis and time-frame for recovery are not certain, how many "false dawns" of a return to work do you allow a disabled employee who’s on long-term sick leave?

Answered by: Michael Doyle of A&L Goodbody

Michael has "a real gift for providing straightforward, user-friendly advice on complicated employment problems." He has acted for his clients in many of the leading cases.