You’re On Your Own
Posted on 16th November 2018 at 11:02
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.