If an employer receives an anonymous written bullying complaint naming an individual and alleging bullying what are their obligations regarding follow up?Posted in : First Tuesday Q&A ROI on 5 September 2012
|It is a principle of natural justice that the accused has a right to know his accuser. In terms of the duty owed to the accused, an anonymous complaint already puts the accused at a huge disadvantage and if dismissal were ultimately warranted, a finding of procedural unfairness is a risk. |
It is common to see a provision in Bullying & Harassment/Dignity at Work policies that anonymous complaints will not be accepted or investigated. This provision is normally accompanied by an explanation as well as a commitment to confidentiality and protection from victimisation. However, in practical terms, the employer also owes a duty of care to its employees and if the employer was
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Back to Q&A's This article is correct at 03/09/2015
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