Bryan Dunne revisits the High Court's decision in Lyons v Longford Westmeath Education and Training Board, a decision that has been extremely controversial over the past number of weeks for both employment lawyers and HR directors. This is because, in that case, Judge Eagar in the High Court seemed to suggest that an employee is entitled to the full range of fair procedures at the disciplinary investigation stage, including the right to cross-examine witnesses and the right to be legally represented.
Since that decision was issued on 7 May last, two new decisions of the High Court have issued from Judge McDermott in the last six weeks and both of those decisions, depending on how you interpret the Lyons decision, appear to contradict the key point. They both deal with the same question as to the extent to which an employee is entitled to fair procedures at the preliminary investigation stage. However, they both conclude that this right is confined to the formal disciplinary hearing stage; the point at which a decision is made in relation to the disciplinary matter.
