Complainant

Respondent

Anonymised Parties

An Employee

A Health Service Provider

Representatives

  Forsa Trade Union

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969

CA-00022512-001

09/10/2018

The worker’s dispute is that the employer breached the employer’s Dignity at Work policy including with regards to the length of time it took for his complaint to be investigated by the employer.

The worker lodged a complaint on 8^th December 2014 against his manager Ms A.  An investigation commenced on 24^th April 2015 with a report issued around 26^th March 2018 which did not uphold the worker’s complaint.  The worker found out that Ms A did not participate in the investigation.

The worker advised that he repeatedly had to through his representative request an update on the investigation.  The worker also outlined a number of inaccuracies with the report and the failure of the employer to follow the time lines within the Dignity at Work policy, including their failure to notify the employee in writing of the outcome of the preliminary screening within 7 working days, that the worker never received a copy of response from the alleged perpetrator, that the investigation be conducted thoroughly and that a written record be kept of all meetings. 

The worker expressed his upset that Ms A, who refused to partake in the investigation, had turned up on the day of the hearing.  A  claim regarding sick leave was withdrawn at the hearing.

The employer detailed that it was their right to bring along any person they chose to represent the organisation at such hearings.

The employer did not know the reason for the delay in the investigation of the worker’s complaints.  The employer confirmed that the investigation was conducted by an internal investigation team.  When the employer receives a copy of the final report from the investigation team, they issue the report which they did in this instance.

It was put forward that the Dignity at Work policy allows for occasions where it may take longer than normally expected to complete such investigations which can be owing to a number of reasons.  The employer did not know the reason(s) why this investigation took the length of time that it did.

I note the worker’s upset that Ms A whom he raised a complaint against under the Dignity at Work policy, did not partake in that investigation and was able to attend the hearing on the date.  It is also noted that the worker wished to proceed with the hearing on the day regardless.

The complaint was received around 8^th December 2014 and an investigation commenced around 24^th April 2015 with a final report issued on 26^th March 2018.

I find it extraordinary, that while there may have been reasons which might have explained and/or justified such delays, the employer did not know of any reasons that either explained or justified the delays.

Taking into consideration all of the above and due to the unique circumstances of the case including the significant upset caused to the worker with what appeared to be unjustified delays, I recommend that the employer pay €4,000 to the worker by way of compensation.

Taking into consideration all of the above and due to the unique circumstances of the case including the significant upset caused to the worker with what appeared to be unjustified delays, I recommend that the employer pay €4,000 to the worker by way of compensation.

Delay in progressing, dignity at work, bullying and harassment