Court rules 'exceptional' basis needed for legal representation at work disciplinary hearings

Irish Rail argued legal representation was unnecessary for reasons including that Barry McKelvey would be represented by an experienced trade union official.

Employees who want lawyers to represent them in internal workplace disciplinary proceedings must establish an "exceptional" case the process could not be regarded as fair without such legal representation, the Supreme Court has ruled.

An Irish Rail inspector facing a disciplinary process over alleged fuel theft through misuse of a company fuel card had not, at this stage of the process, shown such an exceptional case, the court held.