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
Zelda Cunningham
Arthur Cox
Issues covered:

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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Zelda Cunningham
Arthur Cox

The main content of this article was provided by Zelda Cunningham. Contact telephone number is +353 1 618 0000 or email zelda.cunningham@arthurcox.com

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