Worker

Employer

Anonymised Parties

Manager

Healthcare Provider

Act

Dispute Reference No.

Date of Receipt

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

CA-00033728-001

12/01/2020

The Worker has been employed in a management role with the Employer since November 2003.

The Worker has been absent from work on sick leave since 23rd January 2018.

On 5th December 2018, the Worker submitted a formal complaint of harassment and bullying against a more senior colleague and requested that his complaint be investigated under the Employer’s Dignity at Work policy.

The Employer retained the services of an external investigator to investigate the Worker’s complaint. The external investigator did not uphold the Worker’s complaint.

The Worker has appealed the outcome of the investigation process to the WRC.

The Worker contends that the investigation process conducted by the Employer was flawed on the basis that the external investigator failed to follow the proper protocol and that he bypassed a number of steps in order to narrow down the Complainant’s argument.

The Worker takes issues with the order in which the investigator interviewed him and the alleged perpetrator. The Worker also asserts that there was a significant delay before the investigator interviewed the alleged perpetrator.

The Employer contends that it acted fairly and reasonably in dealing with the Worker’s complaint,  

The Employer contends that the complaint was investigated in line with natural justice.

The Employer further contends that the process was in line with its own policies and procedures and that the external investigator took care to consider all the representations made by the Worker throughout the investigation.

I have reviewed the documentation supplied in relation to this case. I find that the Employer acted in line with its Dignity at Work policy.

The Worker’s complaint was investigated by an external investigator. The Worker was given a copy of the Terms of Reference and was given an opportunity to comment on the investigator’s draft report.

I do not find that the alleged procedural flaws raised by the Worker in his submission are of sufficient weight to warrant the re-investigation of the complaints.

I note that the Employer is amenable to engaging with the Worker in order to facilitate his return to work. I would encourage the Worker to engage with the Employer in this regard.

Having considered the submissions of both parties, I do not recommend in the Worker’s favour.

Bullying and harassment complaint