Industrial Relations Act, 1990, Code of Practice on Disciplinary Procedures (Declaration) Order, 1996.

• Jurisdiction: Ireland
• Year: 1996
• Citation: IR SI 117/1996

S.I. No. 117 of 1996.

INDUSTRIAL RELATIONS ACT, 1990, CODE OF PRACTICE ON DISCIPLINARY PROCEDURES (DECLARATION) ORDER, 1996.

WHEREAS the Labour Relations Commission has prepared a draft code of practice on disciplinary procedures;

AND WHEREAS the Labour Relations Commission has complied with subsection (2) of section 42 of the Industrial Relations Act, 1990 (No. 19 of 1990), and has submitted the draft code of practice to the Minister for Enterprise and Employment;

NOW THEREFORE, I, RICHARD BRUTON, Minister for Enterprise and Employment, in exercise of the powers conferred on me by subsection (3) of that section, the Labour (Transfer of Departmental Administration and Ministerial Functions) Order, 1993 ( S.I. No. 18 of 1993 ) and the Industry and Commerce (Alteration of Name of Department and Title of Minister) Order, 1993 ( S.I. No. 19 of 1993 ), hereby order as follows: 1. This Order may be cited as the Industrial Relations Act, 1990 , Code of Practice on Disciplinary Procedures (Declaration) Order, 1996. 2. It is hereby declared that the code of practice set out in the Schedule to this Order shall be a code of practice for the purposes of the Industrial Relations Act, 1990 (No. 19 of 1990).

SCHEDULE

CODE OF PRACTICE ON DISCIPLINARY PROCEDURES

Section I — Introduction

1. Section 42 of the Industrial Relations Act 1990 provides inter alia for the preparation of draft codes of practice by the Labour Relations Commission for submission to the Minister for Enterprise and Employment, and for the making by him of an order declaring that a draft code of practice received by him under section 42 and scheduled to the order shall be a code of practice for the purposes of the said Act (Appendix I).

2. The main purpose of this code of practice is to set out for the guidance of employers, employees and their representatives the general principles which should apply in the operation of disciplinary procedures. For the purposes of this code of practice, "employee representative" includes a colleague of the employee's choice and an authorised trade union but not any other person or body unconnected with the enterprise.

3. In any enterprise or organisation, it is important that procedures of this kind exist and that the purpose, function and terms of such procedures are known and clearly understood by management, employees and trade unions.

Section II — General

4. This code of practice contains general guidelines on the application of disciplinary procedures and the promotion of best practice in giving effect to such procedures.

5. The principles and procedures of this code of practice should apply unless alternative agreed procedures exist in the workplace which conform to its general provisions for dealing with disciplinary issues.

Section III — Importance of Procedures

6. Procedures are necessary to ensure both that discipline is maintained in the workplace and that disciplinary measures can be applied in a fair and consistent manner. Apart from considerations of equity and natural justice, the maintenance of a good industrial relations atmosphere at workplace level requires that acceptable...