The right to cross-examination as part of fair procedures during
an internal dignity at work investigation was upheld in the
controversial case of Lyons v Longford Westmeath Educations and
Training Board [2017] IEHC 272.
This case considered the procedures applied in an investigation
into an allegation of bullying. This investigation was carried out
by an external investigating body, which made findings in relation
to certain allegations. The High Court decided that an employee
subject to a preliminary investigation has the right to
cross-examine his/her accuser and any witnesses at the
investigation where the matter is sufficiently serious that it may
warrant dismissal. This decision was made in circumstances where
findings were being made against the employee at the investigation
stage. Had the investigation been categorised as an information
gathering process rather than one that made findings of fact, the
right of cross-examination would not have arisen. If
