Where you know the complaint is vexatious can you refuse to investigate? For example, a bullying complaint against a manager conducting an investigation process.

Posted in : First Tuesday Q&A ROI on 3 July 2012
Barry Walsh
McDowell Purcell
Issues covered:

One of the key employment law obligations on employers is to fairly consider and investigate complaints. Where an employer is on actual or constructive notice of an issue / complaint, failure to properly address that matter can be very serious and can expose the employer to liability such as constructive dismissal or even personal injury claims.

An employer cannot objectively “know” that a complaint is vexatious unless that is admitted by the complainant (which is most unlikely) or if it has conducted an appropriate enquiry and has reasonably formed that conclusion. Therefore the short answer is that employers are obliged to investigate employee complaints even if they have severe

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Back to Q&A's This article is correct at 02/09/2015

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Barry Walsh
McDowell Purcell

The main content of this article was provided by Barry Walsh. Contact telephone number is +353 1 828 0600 or email bwalsh@mcdowellpurcell.ie

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