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cmcsolicitor
cmcsolicitor, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 145
Experience:  and Mediator practicing in Cork, Ireland.
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My employment is the subject of potential disciplinary proceedings

Resolved Question:

My employment is the subject of potential disciplinary proceedings against me and investigations are taking place in lieu of a potential disciplinary meeting later this month.I have resigned from the Company today giving the required three months notice. They have told me that as a paid employee I have to attend a disciplinary meeting where I can be dismissed if the evidence is strong enough.Will a dismissal overrule my resignation?
Submitted: 1 year ago.
Category: Republic of Ireland Law
Expert:  cmcsolicitor replied 1 year ago.

cmcsolicitor :

I am not sure what you mean when you ask, will a dismissal overrule your resignation. Your resignation is a matter of fact. You cannot be dismissed if you have resigned. If the company don't want you to work out your notice, they should say so. However, while you are serving the terms of your notice, you are still an employee. As such, not cooperating in the disciplinary proceedings is not likely to benefit you. A negative finding may still be made, even if you have resigned, and don't turn up. By working out your notice and participating in disciplinary proceedings I would say that you are behaving responsibly and mitigating whatever damage has already been done.

cmcsolicitor :

In short then, you cannot be dismissed if you have resigned. However, the company may say that it has asked you not to work out your notice period and that they do not wish to pay you for it either, and they may legitimately decide to do this if they have followed the correct disciplinary procedures.

cmcsolicitor :

I am sorry that you don't feel that I have answered your question. The answer is that you can no longer be dismissed. However, a negative finding can still be made at a disciplinary hearing. If you require any further clarification do please ask.

Customer:

Sorry about that. I pressed the wrong button!! Can you tell me if your answer is based on Irish Employment Law? My Contract of Employment is based on the Company Irish Terms and Conditions.

Customer:

In relation to your answer above, under Irish Employment Law, if the Company refuse to let me work my notice and refuse to pay me, can I take them to Court to recoup the funds?

cmcsolicitor :

Yes, this question was listed as relating to Irish law, so that is what I am answering.

cmcsolicitor :

If the company refuses to let you work out your notice or, more particularly, to pay you for those weeks, then you may or may not have experienced an unfair dismissal. Whether or not that is the case would depend on a number of factors. You should consider whether the company has followed the correct procedures. These should be contained in a company policy document, and you might also look at the Labour Relations Commission's Code of Practice on Grievance and Disciplinary Procedures - this gives a good indication of what is expected of employers http://www.lrc.ie/docs/Code_of_Practice__Grievance_and_Disciplinary_Procedures/88.htm

cmcsolicitor :

If you feel that you have been unfairly dismissed there is now a single complaints form that you can submit, which you will find here http://www.workplacerelations.ie/en/

cmcsolicitor :

I trust that this has been helpful and that you will provide a positive rating so that I may be paid.

cmcsolicitor :

Best regards,

cmcsolicitor :

Claire

Customer:

Hi Claire

Customer:

Hi Claire can I just clarify one last point with you please? Is there a specific paragraph or link that relates to this area of Employment Law. I want to be able to present something to the Compsny which categorically states that a dismissal does not supercede a resignation UNDER IRISH EMPLOYMENT LAW? During my last meeting with the Company I found it to me demoralising and embarrassing and the whole episode turned into a one sided interrogation. I am currently suspended on full pay pending the disciplinary hearing. All I want is to be absolutely sure that I do not lose here. I have offered three months resignation and I want to make sure I get my 12 weeks pay.

cmcsolicitor :

No, there is no such legal provision. The company is still required to proceed properly with its disciplinary procedures. I believe that that is a more useful way to think about this, from a legal point of view. If the last disciplinary proceeding that you had felt like a one sided interrogation, perhaps it was not conducted fairly. You should have been offered the opportunity to have someone accompany you to the meeting. You should also have been afforded the chance to provide your side of the story, so to speak.If the results of the disciplinary proceedings are negative, the company may still decide to stop paying you before the 12 weeks are up. If it makes that decision in an unfair manner, you could seek redress via the Workplace Relations form mentioned above. You would be likely to succeed if (a) the company did not follow correct procedures in reaching its decision or (b) the decision was unfair in that it was disproportionate.

cmcsolicitor :

Best of luck to you.

Customer: Hi Claire
cmcsolicitor, Solicitor
Satisfied Customers: 145
Experience: and Mediator practicing in Cork, Ireland.
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