ARTICLE · 27 MARCH 2018

Employee Rights During Investigations

Ogletree, Deakins, Nash, Smoak & Stewart

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A recent High Court decision has caused some concern amongst lawyers and HR practitioners by declaring a right to legal representation and a right to cross-examine evidence in a workplace investigatory meeting.

IrelandEmployment and HR

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Co-authored by Catherine O'Flynn and Richard Smith of William Fry

A recent High Court decision has caused some concern amongst lawyers and HR practitioners by declaring a right to legal representation and a right to cross-examine evidence in a workplace investigatory meeting.

In Lyons v Longford Westmeath Education and Training Board (2017), the deputy principal of a community college was the subject of disciplinary proceedings concerning allegations of bullying upon which the investigator made certain findings of fact against him. The High Court considered that, as a matter of law and fair procedures, an individual "whose job is at stake and against whom allegations are made would be entitled to challenge and cross-examine evidence."

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