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Supreme Court dismisses appeal from Court of Appeal, and affirms decision to set aside an injunction restraining an employer from proceeding with a disciplinary process in the absence of legal representation for the employee (who had been accused of theft of fuel from his employer), on the grounds that: (a) the employee did not have a legal entitlement to legal representation, although the employer had a discretion as to whether to provide it; (b) this was not a case in which the process would be regarded as unfair if the employee did not have legal representation; (c) a court should not interfere before or during a disciplinary process unless it was clear at that stage that there was no realistic prospect of a legally sustainable conclusion.
Clarke CJ: Workplace disciplinary proceedings - injunctions - entitlement of employee to be represented - internal hearings - alleged irregular purchase of fuel using company card - refusal of employer (Iarnrod Eireann) to permit solicitors to attend hearings - application for injunction to restrain disciplinary process - grant of injunction by High Court - injunction set aside by Court of Appeal - leave to appeal - issue of general importance - Industrial Relations Act 1990 (Code of Practice on Grievance and Disciplinary Procedures) (Declaration) Order 2000 (S.I. 146/2000) - s. 42 of the Industrial Relations Act 1990 - discretion of employer to allow employee to be legally represented - appropriateness of court intervening during the course of a disciplinary process - whether legal issues likely to arise during process - whether legal representation was necessary to ensure a fair process.
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