Employers must ensure investigations are policy-compliant.

The Complainant alleged that the bullying complaints he lodged against his supervisor in late 2019 were mishandled and unnecessarily delayed. The process, involving investigation, appeal, re-investigation, and re-appeal, only concluded in April 2024. His representative argued that the agreed policy timelines had been breached and the handling was unprofessional, causing significant delay. It was submitted that these delays and poor management of the complaints had caused the Complainant inconvenience and distress, for which compensation was sought. The Complainant maintained that the prolonged process had undermined the integrity of the investigation and exacerbated the impact of the alleged bullying. The Respondent argued that the policy was followed, ensuring due process for both parties. While acknowledging some delays, they noted the Complainant suffered no loss of earnings.

The Adjudicating Officer considered submissions and examined whether the Respondent’s Anti-Bullying and Harassment Policy and the Code of Practice were followed in handling the Complainant’s 2019 bullying complaints, concluded in April 2024. The first investigation was found flawed on appeal, and the second was overturned (revealing insufficient training of investigators). Key policy provisions, including handling non-cooperation and limits on legal representation, were breached. Significant delays occurred, including a ten-month pause for legal advice and three months to request appeal submissions. These breaches caused distress and inconvenience to the Complainant. The Adjudicator found no evidence the Complainant caused delays and recommended €7,500 compensation.

Employers should:

• Strictly adhere to their own workplace policies and any relevant statutory / code-based procedures when investigating complaints. Policies should be clear, accessible, and consistently applied. Any deviation, e.g. permitting forms of representation not allowed under the policy, risks undermining the process and can be relied upon to challenge outcomes.
   
  
• Investigators and/or appeal officers should receive specific training on handling workplace bullying or harassment complaints. This includes understanding procedural fairness, evidence, and decision-writing. Inconsistent / overturned findings signal insufficient preparation.
   
  
• Protracted investigations erode trust and cause unnecessary stress. Employers should set realistic timelines and actively manage the process to prevent avoidable pauses (such as lengthy waits for legal advice or delayed requests for submissions). 
   
  
• Ensure that policies include, and apply, provisions allowing investigations to proceed if a party fails to cooperate. Delays caused by non-participation must be addressed swiftly, thus ensuring the process continues fairly while respecting each party’s rights. This avoids giving one side effective control over the pace of proceedings.
   
  
• Appreciate that even without loss of earnings, delays and mishandling can result in compensation awards for distress and inconvenience. Employers should view timely investigations not only as a legal obligation but also as a means to reduce exposure to financial and/or reputational risks.
  

The full case can be found here.