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 Issues covered:
|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
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Irish Employment Law Hub? We help thousands of people like you understand how the latest changes in Irish employment law impact your business through a mix of case law analysis and in-depth articles. All delivered right to your inbox.
We help you to understand the ramifications of each important case from Ireland and Europe.
We help you ensure that your organisation's policies and procedures are fully compliant with Irish law.
You will receive regular updates on Irish employment law including case law reviews, legislative changes, topical updates as well as answers to your burning questions through our Q&A feature.
You will have 24/7 access to the Employment Law Hub so you can research case law and HR issues when you need to.
Back to Q&A's This article is correct at 03/09/2015
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.