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Answers to 9 Thorny Questions: Directly from 7 of Ireland's Sharpest Lawyers and Industry Pros
Dismissal: Hints, tips and solution-focused answers for employers
Chaired by: Carol Ann Casey of CA Compliance
Carol Ann handles poor performance, bullying, dismissals and protected disclosures. She serves as the Independent Adjudicator of the Law Society of Ireland.
What are your options if those being bullied don't want to make a formal complaint but do 'want it noted'?
What if the complaint is unclear, possibly vexatious or happened out-of-work?
Answered by: Duncan Inverarity of A&L Goodbody
Duncan is "a problem-solver and go-to lawyer - highly effective and pragmatic when dealing with HR and managers". He is co-author of “Employment Law in Ireland”.
If you're facing short-term and sporadic absences because of mental health, how do you balance the competing considerations of support to the individual with business needs and HR objectives?
Answered by: Michelle Ní Longáin of ByrneWallace
Michelle is acting as lead counsel to the Department of Public Expenditure and Reform on new HR policies. Her “knowledge and skill is brilliant and unparalleled”.
How do you handle individuals who are technically sound but have a negative attitude towards either their line manager, the organisation or both?
What if the attitude spikes up and down?
Answered by: Susan Doris-Obando of Matheson
Susan is immensely experienced, a great communicator and at the forefront of developments. She is regularly published by the Financial Times and Wall Street Journal.
Banter and bias
Is it ever advisable to resolve concerns around banter or unconscious bias informally?
Are you always giving a hostage to fortune in the event full-blown claim for discrimination or harassment?
Answered by: Maura Connolly of Eugene F. Collins
Maura is "first-rate", "vastly experienced", "incredibly effective" and "always practical." She is a former Chair of the Law Society’s Employment Law Committee.
Weighing up the risk-based pros and cons, at what point do you dismiss if sick certs are arriving every month, giving no indication of a return to work, and there is no engagement with the company doctor?
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.
How do you control - and overcome - the risks of approaching an individual through a without prejudice' conversation?
What can you say and insinuate about the individual's prospects?
Answered by: Ronnie Neville of Mason Hayes & Curran
Ronnie is "one of Ireland's most skilled and tactically astute employment lawyers." He regularly acts for household-name employers including Ralph Lauren, Dell, and Indesit.
All speaker quotes are taken from Chambers Directory, Who’s Who Legal or Legal 500