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Ask Buachaill Your Own Question
Buachaill
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 10591
Experience:  Barrister 17 years experience
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I was brought in for an investagstion last Wednesday concerning

Customer Question

I was brought in for an investagstion last Wednesday concerning not complying with work policies..i have today i went yo a displinary hearing...I signed a note stating that this would be on my file for a year and any one more failure to do with company policy and I face dismisal...I have worked thete for nearly seven years and feel like I've been made an example of..as other employees have got away with a lot worse...I was also under extreme stress and anxiety which I did not handle well...I have a week to appeal this...I am employed by eegroup..in Starbucks... I was wondering if I will benefit from appealing or could I lose my job...
Submitted: 3 years ago.
Category: Republic of Ireland Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, and thank you for your question. My name is ***** ***** I can assist you with this.

tdlawyer :

Can I ask where you are based, is it in England?

JACUSTOMER-18y4obfg- :

No in republic of Ireland.

tdlawyer :

At, okay, that didn't come up in your question. In that case, I should opt out and see whether an expert from that jurisdiction can assist. Whilst I expect the relevant points of law are very similar, it would be better for you to discuss with an expert from Ireland.

tdlawyer :

Are you happy for me to opt out of the question, and allow another expert to try and pick this up? There may not be anybody immediately available, and it may be that you have to wait until tomorrow morning now for a response.

JACUSTOMER-18y4obfg- :

Yes tomorrow, would be fine but need to know early as this is a quiet urgent...

tdlawyer :

Okay. We will try and find the right expert for you as soon as practically possible. I will opt out now, please do not respond otherwise the question will come back to me. Have a good evening, and just keep an eye on your e-mails, as we will e-mail you as soon as somebody is able to look at this.

Expert:  Buachaill replied 3 years ago.
1. At the outset, given the severe consequences for you of another breach of company policy you should most certainly appeal the decision made by the disciplinary hearing. I would recommend you do so as a matter of urgency. I would also advise you to get the assistance of a solicitor in relation to the matter, if you can afford one. It may be that the procedures adopted here were not in order so you may be able to challenge the decision legally as well. Be aware that a company cannot unlawfully discriminate against one employees in terms of disciplinary enforcement. So if you can show that the company did not enforce their company policy uniformly, then this may be grounds for reversing the decision, as it would amount to invidious discrimination against you in disciplining you for what has occurred. This point is important in terms of any further disciplinary action against you.