If a complaint is made against a member of staff and a preliminary investigation carried out, is there a requirement to inform a member of staff that a complaint has been taken against them even if the preliminary investigation finds that the complaint has no grounds and should not be pursued? Posted in : First Tuesday Q&A ROI on 1 April 2014
|S.I. No. 146 of 2000, Industrial Relations Act, 1990 (Code of Practice on Grievance and Disciplinary Procedures) (Declaration) Order, 2000 provides that employees have an entitlement to full details of a complaint made against them, even if it was not substantiated.|
The employee should be informed of the complaint and provided with any necessary information prior to the preliminary investigation taking place to enable him/her to respond to the complaint.
This may be relevant in circumstances where further complaints are made against the employee at a future period.
The employer should also investigate why the complainant made the complaints in the first instance and whether it was
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Back to Q&A's This article is correct at 03/09/2015
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