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Imagine your spouse/partner’s reaction if you said to them, “I don’t love you anymore and I have traded you in for a newer model”. 
 
Employment is very much like a marriage; everybody starts off with the best of intentions, they spend more time awake with each other than they do with their partners and a certain amount of emotional attachment may arise. Therefore, the leaving can be equally traumatic for both parties. 
In the furore over the TD on the swing a far more interesting Judgment was published on the 22nd May by the Court of Appeal. 
 
In that case the Appellant had been photographed at private “swingers” parties. Unfortunately, when his relationship broke up, his ex-partner then distributed the photographs to a National Newspaper. 
The case of Irish Rail and Barry McKelvey (2018) IECA 346 has brought some much needed clarity to the question as to whether employees faced with disciplinary proceedings are entitled to have legal representation at any investigation and disciplinary enquiry. 
 
The Court of Appeal in this recent Judgment indicated that employees were not entitled to legal representation at the initial investigative process. It went on to consider at some length whether employees should be entitled to legal representation and the right to examine and cross examine witnesses during the course of any subsequent disciplinary enquiry. 
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