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Disciplinary procedures
Disciplinary procedures are used for dealing with problems with employees' conduct or their performance, which could lead to warnings or dismissal.
Disciplinary or grievance hearings
Workers have the right to take paid time off during working hours to accompany fellow workers employed by the same employer to certain disciplinary and grievance hearings.
No. 441 The Labour Relations Agency (Code of Practice on Disciplinary and Grievance Procedures) (Jurisdictions) Order (Northern Ireland) 2011
This Order comes into operation on 1/1/12 and essentially provides for complaints under Regulation 51 of the Companies (Cross-Border Mergers) Regulations 2007 to be covered as a jurisdiction to which the new Labour Relations Agency Code of Practice on Discipline and Grievance will apply.
Mediation
An independent mediator can sometimes help resolve grievance or disciplinary issues. There is no charge for using the Labour Relations Agency's mediation service.
Dismissal
Employees can be dismissed for reasons such as gross misconduct or a fundamental breach of contract. A fair and robust process should be followed where all parties have certain rights and responsibilities.
No 159 The Employment Act (Northern Ireland) 2011 (Commencement No. 1, Transitional Provisions and Savings) Order (Northern Ireland) 2011 - S.R. 2011 No. 159 (C. 8).
This Order brings into operation the provisions of the Employment Act (Northern Ireland) 2011 (2011 c. 13 (N.I.)) (“the Act”) set out in Article 2. Those provisions come into operation on 3rd April 2011.
No 160 The Code of Practice (Disciplinary and Grievance Procedures) (Appointed Day) Order (Northern Ireland) 2011.
These Regulations amend the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005 (S.R. 2005 No. 150) (“the 2005 Regulations”), the most substantive amendments to which have previously been made by S.R. 2005 No. 376 and S.R. 2005 No. 578.
Warnings and other disciplinary action
Warnings in the workplace should be part of a disciplinary process and they should be designed to allow employees to change a particular behaviour within a given timeframe. They should be given as quickly as possible after the behaviour occurs. Any sanctions should be proportionate to the alleged offence.
Agency structure
The vision and objectives of the Labour Relations Agency are determined by a Board consisting of a Chair and nine members who are appointed by the Department for the Economy (DfE). Staff are direct employees of the Agency. They receive continuous training and development on changes in employment legislation and employment relations practice and procedures.