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Retrospective gross misconduct

  • 01-10-2019 10:10pm
    #1
    missym
    Registered Users, Registered Users 2 Posts: 48 ✭


    I have a hypothetical scenario that I would appreciate some insight on please.

    Say a staff member carried out a physical assault in the workplace a year ago. This was not dealt with at the time under old management. Details of this incident has been brought to the attention of new management.

    Can the disciplinary process be applied a year later and in particular can a case for gross misconduct be made a year later?

    Thank you for any insights you have.


Comments

  • #2
    Stanford
    Registered Users, Registered Users 2 Posts: 1,194 ✭✭✭Stanford


    Does the Company have a written Disciplinary Practise Code?


  • #3
    missym
    Registered Users, Registered Users 2 Posts: 48 ✭missym


    Stanford wrote: »
    Does the Company have a written Disciplinary Practise Code?

    Yes but it doesn't mention anything about acting within a time frame of an incident occurring.

    Thanks for your reply.


  • #4
    Stanford
    Registered Users, Registered Users 2 Posts: 1,194 ✭✭✭Stanford


    If the incident was reported to Management at the time and they chose to ignore it then the principle of natural justice will apply i.e. the employee involved is entitled to assume that a disciplinary measure was not warranted, new management cannot re-open the matter


  • #5
    missym
    Registered Users, Registered Users 2 Posts: 48 ✭missym


    Stanford wrote: »
    If the incident was reported to Management at the time and they chose to ignore it then the principle of natural justice will apply i.e. the employee involved is entitled to assume that a disciplinary measure was not warranted, new management cannot re-open the matter

    Thanks so much for your reply


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