Complainant

Respondent

Anonymised Parties

A National Housing Manager

A Housing Charity

Act

Complaint/Dispute Reference No.

Date of Receipt

Dispute seeking adjudication under Section 13 of the Industrial Relations Act, 1969

CA-00056127-001

17/4/23

This referral concerns a complaint of bullying lodged by the employee prior to her resignation from her employment in April 2022.

The employee stated that she had worked in the organisation for in excess of 10 years and enjoyed her role. The employee stated that she lodged a complaint of bullying on 24th February 2022 following approximately 18 months of difficulties with a board member of the employer’s organisation and also in relation to being bullied by the chairman of the board.

The employee stated that the investigator acted outside the terms of reference for the investigation and did not interview the respondents to the complaints or the witnesses. The employee stated that the investigator decided prematurely that the complaint did not meet the threshold of bullying. The employee also stated that there was no report furnished to her following the investigation and that the matter simply concluded following a decision from the investigator that she had not been subjected to bullying behaviour.

The employer’s position is that it took a proactive approach in addressing the employee’s grievance but that her complaint did not meet the threshold of bullying as provided in the Dignity at Work Policy as conveyed by the investigator and on that basis the investigation process was deemed to have concluded.

The CEO stated that even though the complaints did not amount to bullying, she intended to address the issues raised by the complainant in another programme of work she had commenced in the organisation. The CEO further stated that she was mindful of the limited financial resources available to address the issues raised by the complainant who was no longer employed in the organisation as well as the time constraints in relation to concluding the investigation process.

I have given careful consideration to the submissions of both parties to this dispute. The employee lodged a complaint of bullying against the chairperson of the board and against one board member. The employee was assured by the HR Manager that her complaints would be addressed in line with the agreed terms of reference, that relevant witnesses would be interviewed, that findings would be provided to the employee and that a report would issue after the completion of the investigation. The employee confirmed that none of the above took place and instead she was informed that her complaint had not met the threshold of bullying and that the investigation had concluded at that point.

I note that there was no provision in the terms of reference for a premature end to the investigation and in my opinion the employer was duty bound to conclude the process as the actions of the chairman and the board member may not have amounted to bullying but could have been found to have been harassment as provided for in the policy.

I also note the employer’s view that the policy did not apply to ex-employees, but the employee was still employed when the complaint was made, and she confirmed that she wanted to pursue the formal investigation process after her resignation.

I also note the varying reasons given by the CEO for the investigation concluding in the manner it did such as time constraints and financial considerations as well as following the advice of the investigator in relation to the complaint not meeting the threshold of bullying.

In all the circumstances of the dispute, I find that the employer failed in its duty of care to the employee to provide a fair and objective process as it was obliged to do. The investigator acted outside of the terms of reference and a longstanding employee was left without due process on the issues she had raised. Having considered the matter, I find that the employee should receive compensation on the basis that her complaints were not adequately addressed by the employer.

Having considered the submissions of the parties, I recommend that the employer pay the complainant €5,000 in compensation.

Bullying complaint,