Nemo judex in causa sua is a Latin phrase that means, literally, “no-one should be a judge in his own cause.” It is a principle of natural justice that no person can judge a case in which they have an interest. The rule is very strictly applied to any appearance of a possible bias, even if there is actually none: “Justice must not only be done, but must be seen to be done”. In disciplinary matters, regardless how serious, if the employee has not received and be seen to receive access to fair procedure the employer is exposed to the risk of a legal action.
Time and again employers find themselves on the wrong end of an expensive ruling from the Rights Commissioner or Labour Court as a result of procedural errors. A rash or rushed dismissal, no matter how grave the employee actions or misconduct can result in the employer being found to have failed on a matter of procedure or fairness. It is essential that employers can demonstrate that they took every reasonable precaution to conduct a fair and unbiased investigation. The HR hub provides this advice and service.