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HSE Disciplinary Investigation

Grootbaas

Guys, my issue is that I was 'investigated' for an incident that happened at work. The process was followed and I met with HR when I was told about the allegation and I then supplied a statement of my version. I do not have a problem with the process regarding this meeting. My issue is that this incident happened 628 days ago (almost two years ago), and I continued to worked as usual. I was now invited to another 'meeting' and was informed that I will have to sign a non disclosure agreement. I find this very strange. What is your take on this and the length of this process? Thanks.

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Mrs OBumble

Talk to your union. Things can be unusual in health settings.

Strumms

Why do you ‘have’ to sign a non disclosure agreement ? You signed a contract I presume on starting your employment there that should include every term and condition of you working there…

id certainly want leave to disclose anything that transpired to a legal rep or union rep.

length of the process intimates that once things were established in your favour.. they want the passing of time to temper any possible action on your part… swept under the table so to speak.

everything less fresh in your memory and that of witnesses or other involved parties.

[Deleted User]

https://www.boards.ie/discussion/comment/119221483#Comment_119221483

Given that it is the HSE, there is a possibility that the disciplinary procedure into the op’s behaviour may include confidential information or maltreatment of others which the HSE might not want disclosed to the public. The requirement for a non disclosure agreement may be better understood based on what the op is alleged to have done.

spaceHopper

Nope, it's your signature, your right and under the constitution you have aright to due process and fair play. Tell them that something that happened two years ago is beyond what you can reasonably be expected remember -bringing it up now is not fair play. Best to drop the whole matter

The right to fair procedures

The courts and all public bodies or persons making decisions that affect your constitutional rights must treat you fairly. Two of the essential components of fair procedures in this context are:

The person making the decision that affects you should not be biased or appear to be biased.
You must be given an adequate opportunity to present your case. You must be informed of the matter and you must be given a chance to comment on the material put forward by the other side.

https://www.citizensinformation.ie/en/government_in_ireland/irish_constitution_1/constitution_fundamental_rights.html

[Deleted User]

https://www.boards.ie/discussion/comment/119239697#Comment_119239697

Where is the “fair play” reference to timescale for a disciplinary matter? Coincidentally there was a case in the High Court yesterday about a Dr going through a disciplinary procedure related to an event in 2018, and it is still ongoing. So just because there has been a delay may not mean the op has a “constitutional right” to have the disciplinary procedure dismissed. Besides which, the op has stated that he has already provided a record of his version of events, so “remembering” it shouldn’t be an issue.

caviardreams

Agreed - investigations are complex and take time and by the time disciplinary rolls round it can often be a lengthy process. 2 years is nothing unusual.

You have a right to fair procedures not "fair play" whatever that is.

Jim2007

https://www.boards.ie/discussion/comment/119239697#Comment_119239697

Admittedly it's 30 years ago or more since I studied the constitution, but I can't remember there being any referendum about including 'fair play' in it in the mean time.