2 Fundamentals of Natural Justice in Civil Law in Ireland
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2 Fundamentals of Natural Justice in Civil Law in Ireland

November 22, 2019


in this video just want to take a look a
quick look up to latin phrases which you might be thinking what the hell he’s
lost it completely now and what did the phrases which might come in handy for
you at some stage in the future the fundamental principles of civil law and
the mice in particular be of use in an employment situation but you find
yourself in a disciplinary procedure okay the first phrase is nemo you Dex in
casa sua that means nobody’s no man nemo is a you Dex is a George in their own
colors this essentially means that if you in a disciplinary procedure and the
person who make a complaint against you or find the issue with you in relation
to your conduct or performance that person carries out an investigation and
that person then goes on to make the decision for example to dismiss you well
then there may be I like their fundamental absence of fear procedures
because the person is being a judge in their own cause demo your ex and cows a
sewer now clearly in big organizations like banks unlike the civil service
unlike the Department of Agriculture various government departments on post
and financial institutions and so on they clearly have the resources to
ensure does there’s no crossover between for example an investigation and a
disciplinary procedure but in a smaller operation where you might only have one
two three employees then it’s much more difficult to have the two procedures the
investigation on the one hand that the discipline a procedure on the other hand
completely separated by clear blue sky water that can be difficulty and to
quite frank the courts have recognizes but in general the phrase still
and nobody is a George in their own cause however you do need to temper that
with the fact the recognition that in smaller organizations there is going to
be a problem there in so far as they won’t have the resources or the hedge or
resources to completely divided the investigation of fact-finding process on
the one hand on the disciplinary process on the other hand so that may be
something that you can look at in terms of an appeal or if you were for example
unfairly dismissed the other thing the other phrase is Audi alteram partem that
means here the other side here the other party so again in an employment
situation in a disciplinary situation then clearly the wrong version of events
of allegations being made against you if you’re an employee if you’re an employer
clearly don’t you you’re the one who’s making the allegations or bringing up
these issues but the other side you’re the party is entitled to be heard so
they are entitled for their virtual events and only then after they have had
the opportunity to put their version of events should a decision be arrived at
so that’s the two latin phrases my clean useful at some stage but whether you’re
an employer or an employee nobody to George in their own calls mou decks and
how the sewer and our the album car time here the other size in other words
listen to their version of events hope you find is useful if you do please give
us the thumbs up down below whether it’s on YouTube or Facebook and subscribe to
my youtube channel if you find it useful there’s a lot of videos are now above
law in Ireland

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  1. I would suggest a microphone as I find it hard to hear you and have my phone up half way while in a silent room.

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