Nine Legal Solutions for HR in Ireland

Chair's Introduction

Nine legal solutions for HR in Ireland

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.

Social media

Where are the limits of monitoring communications if you suspect misconduct, e.g. employees using their social media to bully colleagues or negatively impact the business?

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".

Absence

How do you break the cycle with a capability dismissal when performance management has led to stress and, consequentially, absence and a refusal to return to work?

Answered by: Deirdre Lynch of ByrneWallace

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

Hybrid working

How do you control the risks of an employee bringing a claim because of either lack of opportunity and recognition or intrusive use of monitoring tools in a hybrid working model?

Answered by: Jennifer Cashman of RDJ

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

Personal problems

What are the legal and practical options where personal problems are impacting capability and attendance, e.g. addiction, clinically vulnerable relatives, menopause, domestic abuse?

Answered by: Ciara McLoughlin of DLA Piper

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

Undisclosed disability

How do you handle an employee who discloses dyslexia or a mental health issue as part of a PIP or disciplinary but not in pre-employment forms or meetings with the manager (even after direct probing)?

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.

Investigations

Who do you involve in an investigation, and when do you allow an appeal?

When do you allow cross-examination or written responses?

How does a 'nominated person' navigate the secondary informal phase?

Answered by: Karen Killalea of Maples Group

Karen "provides excellent, commercially savvy advice in all employment law situations." "She has a can-do attitude and the ability to bring issues down to very simple terms."