This case was not upheld by the Equality Officer but it may be of some interest to those involved in workplace investigations.  The complainant made a number of allegations spanning some time prior to the lodgement of her complaint.  The Equality Officer decided to address the complaints in accordance with Hurley v Cork VEC by assessing whether any of the alleged incidents that took place within the six months before the claim was made were discriminatory. The complainant presented the issuing of the report on her internal complaint pursuant to the Dignity at Work Policy as the only alleged unlawful treatment of her.  However, the complainant was unable to indicate what protected act, in accordance with section 74(2), she had performed.  On that basis the Equality Officer found her complaint could not succeed.

However, in an obiter comment he went on to say that he agreed with the respondent’s argument “that issuing the conclusions of an investigation process conducted in accordance with its Dignity at Work Policy cannot amount to adverse treatment of the complainant … merely because she disagrees with those conclusions, particularly in circumstances where she accepts that the investigation process was conducted in an appropriate manner consistent with the Policy and the investigators acted with probity and respect.”

Why is this case of interest?

It underpins the requirement for a complainant to have performed a protected act before a claim of victimisation is successful.

The issue of an investigation report would be unlikely to be considered victimisation.

Read the full case: http://bit.ly/1plKL3P