The cases coming before the Rights Commissioners and the Employment Appeals Tribunal continue to demonstrate that employers fail to follow fair and proper procedures.

Even in circumstances where an employer has a genuine ground for dismissal an employer may still lose a case where there has been a failure to follow proper procedures – for example:

  • a lack of a clear, fair and transparent selection procedure for a redundancy;
  • a lack of an objective rationale for making the choices and selections made for a redundancy;
  • failing to provide for an appeal against disciplinary action.