Labour Court says HSE second disciplinary process should not continue in current form

The Labour Court recommended that the Health Service Executive (HSE) remove an expired written warning from a worker’s file and stop a second disciplinary process in its current form. The recommendation was dated 16 July 2020. The worker argued the HSE had not followed its procedure and should not have started a second process. The HSE said it had complied with its procedure and acted fairly. The Court found the first process was fair and followed the employer’s procedure, but found the second process flawed because the worker could not comment on which stage should apply and the invitation letter did not explain the consequences of failing to improve. The HSE could decide to process the complaint again under its disciplinary procedures.