Background: 
The worker alleged that the employer mishandled a bullying complaint against him, leading to significant procedural breaches. Formal allegations were made in 2018, but the investigation experienced continuous delays without the worker's consent, violating the employer's policies. The worker argued that the employer failed to conduct a fair, thorough, and timely investigation, resulting in prolonged distress. The employer did not provide essential information, misplaced investigation results, and ignored mandated review periods. The investigation, lasting 4.5 years, ended only because the complainant, Ms. X, left the organisation. The employer acknowledged procedural delays in handling the bullying complaint but argued these were partly due to the worker's legal actions. They noted the worker was never suspended, hence suffered no financial loss. The employer attributed delays to internal review needs and reported that a copy of the investigation report was available at headquarters despite claims of misplacement. Further, they contended that the investigation met generally accepted standards and that no case existed against the worker as the complainant had left the organisation. 

Finding:
The Adjudication Officer concluded that the employer failed significantly in adhering to procedural standards in handling the bullying complaint. Despite acknowledging the worker's distress due to the 4.5-year-long investigation, they held that the employer did not provide adequate reasons for procedural delays or seek the worker's consent for timeline extensions, which breached both statutory instruments and their own internal policies. Specifically, the employer violated the principles of natural justice by not conducting the investigation thoroughly, objectively, and sensitively as required by S.I. No. 17 of 2002 and S.I. No. 674/2020.  

The Adjudicating Officer highlighted that the investigation only concluded due to Ms. X's departure, not through a proper resolution process. Additionally, the employer failed to communicate findings within the mandated 28-day period and did not respect the worker's rights during the prolonged investigation. In light of these breaches, the Adjudication Officer recommended several remedies; namely, a formal written apology to the worker, confirmation of no findings against him, expungement of any investigation references from his personnel file, and compensation totalling €18,000 for the procedural failures and undue delays.  

Practical Guidance for Employers:
Employers should adhere to strict procedural guidelines when handling workplace complaints, especially allegations of bullying.  

Firstly, it's crucial to conduct investigations promptly and within set timelines. Ensure that both the complainant and the person complained about are informed of any necessary extensions, and obtain their consent to avoid procedural breaches. Maintaining thorough, confidential, and objective investigations respects the rights of all parties involved and aligns with statutory codes such as S.I. No. 674/2020. 

Secondly, clear communication is vital. Keep all parties updated on the investigation's progress and outcomes. Transparency helps manage expectations and reduces the risk of misunderstandings or perceived injustices. Ensure that investigation findings are documented and securely stored to avoid claims of misplaced or lost reports. 

Thirdly, training is another essential component. Provide comprehensive training for all personnel involved in conducting investigations to ensure they understand procedural requirements and statutory obligations. This training should cover sensitivity, confidentiality, and objectivity in handling complaints. 

Lastly, regularly review and update workplace policies to ensure they comply with current laws and best practices. This proactive approach can prevent procedural lapses and reinforce a positive working environment. Employers who diligently follow these guidelines will foster trust, mitigate legal risks, and maintain a fair and respectful workplace. 

The full case can be found here: 
https://www.workplacerelations.ie/en/cases/2024/may/ir-sc-00001890.html