Background:

The Complainant is a Clinical Nurse Manager working in a Department of Psychiatry. The Complainant stated he was subjected to several incidents involving a work colleague which he submitted were an affront to his dignity at work. The Complainant contended the delay in commencing an internal investigation into an allegation of bullying has been inordinately long and therefore inherently unfair.

The Complainant submitted a complaint to be dealt with under the Dignity at Work policy on 15th September 2020. The Complainant stated a 2 year long delay of an investigation was a denial of justice.

The Respondent submitted they were under pressure dealing with the pandemic and this pressure was combined with a cyber attack which took place in May 2021 and prevented the Respondent from accessing their own records.

The Respondent, in recognition of the difficulty the delay caused the Complainant, offered to engage an independent investigator. The Respondent also offered to bear the costs of this investigator.

The Adjudication Officer recommended that the Respondent provide the Complainant’s representative with the names of three suitable candidates, from whom the Complainant could appoint an investigator to deal with the complaint. In addition, the parties were to agree a timetable with the appointed investigator in accordance with their availability.

Outcome:

The WRC ordered the Respondent to pay the Complainant the sum of €3,000.00 in compensation for the delayed investigatory process.

Practical Guidance for Employers:

When a grievance is submitted by an employee in the workplace, employers should endeavour to act on it as soon as possible to allow for a thorough, timely investigative process. This process should adhere to fair procedures at all stages throughout the investigation.

The full case is here:

https://www.workplacerelations.ie/en/cases/2023/march/adj-00039602.html