A number of employees have made unofficial complaints of bullying against their manager. The employees are not willing to make an official complaint as they say that they are fearful that their manager will target them. The employer has addressed the issues in a general manner with the manager concerned without mentioning names. If the employer calls the manager to a disciplinary hearing, is it necessary to present him with details of the complaints, identity of accusers, dates and times etc or can the employer discipline the manager in a general manner by reason of his attitude, manner and intimidating behaviour?Posted in : First Tuesday Q&A ROI on 7 April 2010
In the first instance, it is important that the employer make clear to each of the accusers that the manager in question is entitled to fair procedures. At this point, although a number of complaints have been made against the manager no investigation has been undertaken and accordingly the employer is not in a position to determine whether or not there is any substance to the complaints. The employer should ensure that the accusers are aware that the employer is not in a position to undertake an investigation without advising the manager of the identity of the accusers and furnishing him or
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