DIGNITY AT WORK Anti Bullying & Harassment Policy for An Post
Dignity at Work Charter “We at An Post commit ourselves to working together to maintain a workplace environment that encourages and supports the right to dignity at work. All who work here, customers, clients and business contacts, are expected to respect the rights of each individual in their working life. All will be treated equally and respected for their individuality and diversity.
All staff, customers, clients and business contacts should be aware that An Post considers sexual harassment, harassment or bullying to be unacceptable and in breach of organisational policy.
Our policies and procedures will underpin the principles and objectives of this Dignity at Work Charter. All individuals, whether directly employed or contracted by us, have a duty and a responsibility to uphold this Dignity at Work Charter.
Supervisors, managers and trade union representatives where applicable in the workplace have a specific responsibility to promote its provisions. â€? Nothing in this Charter overrules a personâ€&#x;s legal and statutory rights.
Introduction The Company has revised its procedures for dealing with complaints of bullying, harassment and sexual harassment. The new policy is in compliance with the recommendations of a Government Task Force Report on Bullying in the Workplace and the three Codes of Practice issued under the Safety, Health and Welfare at Work Act, 2005, the Industrial Relations Act, 1990 and the Employment Equality Act, 1998 respectively:
The Health & Safety Authority‟s Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work
The Labour Relations Commission‟s (LRC) Code of Practice Detailing Procedures for Addressing Bullying in the Workplace
The Equality Authority‟s Code of Practice on Sexual Harassment and Harassment at Work
The revision of Company‟s Dignity at Work Policy has been carried out on a partnership basis and has been agreed with the Trade Union representatives of employees, thus reflecting the very best practice in employments generally. The procedures for dealing with complaints are considered to be the most practical and suitable for An Post.
The purpose of this policy is to assure members of staff who are subjected to sexual harassment, harassment or bullying that action will be taken to end such abusive and offensive behaviour. This policy advocates dealing with cases internally through the following processes which are explained in the policy:
informal resolution
formal complaints procedure
mediation
Only if the internal processes fail, should it be necessary to refer matters to an independent third party. It also provides details on the structures that are in place to lend support and assistance to staff who are either making or are the subject of a complaint under this policy.
Bullying or harassment of staff by non-employees such as clients, customers and other business contacts will not be tolerated. Where a complaint is substantiated against a nonemployee, contractor etc., appropriate remedial measures will be taken to protect the staff.
Finally, this policy helps those involved to recognise the possible findings which result from the follow up and investigation of a bullying or harassment complaint where,
the complaint is upheld as bullying or harassing behaviour
the complaint is deemed to be unfounded as a bullying or harassing behaviour
the complaint is deemed to be vexatious
the complaint cannot be proven
Statement of Policy Employees of An Post have a right to be treated with dignity and respect. . An Post is committed to ensuring that employees work in a positive and safe working environment in an atmosphere of respect, collaboration, openness, safety and equality which is free from all forms of bullying or harassment.
Employees also have a responsibility in creating and contributing to the maintenance of a work environment free from bullying or from conduct likely to contribute to bullying;
Human Resource management policies and practices will strive to prevent bullying at work.
Sexual harassment, harassment or bullying in any form is not acceptable to us and will not be tolerated, whether it is carried out by a member of staff, a customer, a client or a business contact of An Post. All complaints of bullying will be taken seriously and will be followed through to resolution;
Complaints by employees will be treated with fairness, sensitivity and in as confidential a manner as possible.
Offending employees will be subject to the rigours of the Company‟s disciplinary procedures up to and including dismissal.
A complainant‟s rights are protected under this policy and he/she will not be penalised for making a complaint in good faith. If, however, it is found that the complaint was brought maliciously, it will be treated as misconduct under the Company‟s disciplinary code.
Where a complaint against a non-employee, contractor etc. arises, appropriate remedial measures will be taken to protect the staff.
Inappropriate behaviour may lead to termination/non-renewal of contract, suspension/nonrenewal of services, exclusion from premises or the imposition of other sanctions as may be deemed appropriate.
This policy applies to employees of An Post who are serving employees at the time of the alleged incident and at the time when the complaint is brought to the attention of Management. Where an employee leaves the Company while a complaint is being processed, the Company will have no jurisdiction over that employee. This may result in the cessation of an investigation.
This policy underpins the Company‟s existing equality policy and health and safety statement. This policy will be updated to reflect the company‟s experiences in implementing it, relevant changes in the workplace, relevant law/case law and any external factors that are relevant.
Obtaining information on bullying or harassment An employee who considers that they have been the subject of bullying or harassment can seek information in the strictest confidence from any of the following contact persons who will be available to provide information and support to the employee:
Line Manager/Supervisor
Trade Union Representative
HR Manager
The Occupational Support Service
Any other Manager/Supervisor.
These individuals will explain the definition of bullying, harassment and sexual harassment and the procedures in place for handling complaints. This information is also available on the Company‟s intranet site
What is Bullying & Harassment? Bullying or harassment can be broadly characterised as behaviours which are unwanted or offensive to the recipient. It is the unwanted nature of the contact that distinguishes bullying, harassment and sexual harassment from friendly behaviour which is welcome and mutual. The intention of the perpetrator is irrelevant.
The effects of bullying and harassment are varied. Individuals working in an atmosphere of intimidation and fear cannot perform to their capabilities. This can lead to low morale, increased absenteeism or even resignation.
Bullying and harassment can be devastating and destructive for the victim, in both their work and personal life. It may affect the physical and mental well-being of the victim. Loss of selfconfidence, low self- esteem, stress and depression are just some of health affects associated with long-term exposure to bullying/harassment.
Bullying and harassment are defined by the impact of the behaviour on the recipient rather than the intention of the perpetrator. The effect of the behaviour on the employee concerned is what is important. It is up to each employee to decide what behaviour is unwelcome, irrespective of the attitude of others to the matter.
Any act of bullying or harassment can occur outside the work premises or normal working hours provided the perpetrator was acting in the course of employment, for example, at a training course, conference or work-related social event.
Bullying at work can involve people in many different work situations and at all levels: • manager/supervisor to employee • employee to supervisor/manager • one employee to another (or group to group) • customer or business contact to employee • employee/supervisor/manager to customer/business contact. Factors which are known to signal a risk of bullying at work are: • High turnover of staff, high absenteeism or poor morale • Employment tenure – a bully may regard new, casual or contract employees as easier targets than permanent employees; • Management of relationships in the workplace – bullying may be more likely to happen in workplaces that do not have an effective management system which respects persons and monitors and supports work relationships; • Personality differences– petty jealousies, personal biases, taking advantage of vulnerable or less street-wise‟ individuals can contribute to bullying; • Gender/age imbalance –bullying may be more likely where there is an age or a gender imbalance in the workplace; • Other factors include the composition of the workforce, interface with the public, history of tolerance of unacceptable behaviour, lack of or inadequate procedures or disregard of procedures for dealing with bullying.
Bullying - Definition For the purpose of this policy the definition of bullying is as follows:
Workplace Bullying is repeated inappropriate behaviour, direct or indirect, whether verbal, physical or otherwise, conducted by one or more persons against another or others, at the place of work and/or in the course of employment, which could reasonably be regarded as undermining the individual‟s right to dignity at work. An isolated incident of the behaviour described in this definition may be an affront to dignity at work but, as a one off incident, is not considered to be bullying.
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Examples of Bullying Behaviour that constitutes bullying may be physical, non-physical or verbal. In all forms of bullying, the determining factor is the repeated and persistent nature of the unwanted and offensive behaviour against an individual or group.
Physical forms of bullying may include (list is not exhaustive):
Shoving, jostling
Interfering with personal property or work station
Non-physical and verbal forms of bullying may include (list is not exhaustive):
Private or public humiliation, deliberate exclusion/ostracism
Repeated use of offensive language directed at an individual or individuals
Personal insults, such as name-calling, sneering, continued and deliberate staring
repeated put-downs, offensive jokes
Repeated verbal abuse
Undermining a person‟s role, dignity or respect e.g. removing areas of responsibility and imposing menial tasks
Spreading malicious rumours
Derogatory graffiti
Threatening behaviour
Aggressive behaviour by supervisor, manager or colleague
Excessive monitoring of work
Setting unreasonable tasks
Withholding information
Distinguishing Bullying from Other Workplace Behaviour Bullying at work does not include reasonable and essential discipline arising from the good management of the performance of an employee at work or actions taken which can be justified as regards the safety, health and welfare of the employees. For example, an employee whose performance is continuously signalled at a level below required targets may feel threatened and insecure in their work but this in itself does not indicate bullying.
Poor work performance and/or conduct will be dealt with according to the operation of the appropriate (discipline and grievance) procedures.
There may be occasions where complaints are received about behaviour that does not concern bullying. A one off incident is an example of this. While a one off incident is not considered to be bullying, or may not necessarily fall within the definition of harassment/sexual harassment, an incident of this nature can upset one and / or both parties involved in the incident. A one off incident of conflict in the workplace can result, for example, from a misunderstanding, miscommunication, a poorly judged comment, or loss of temper.
In such circumstances it may be necessary for steps to be taken to resolve the issue. Where such a situation occurs, the line manager or other appropriate manager will facilitate the parties in reaching a resolution. On occasions the use of a mediator or other such intervention as deemed appropriate, may be employed to bring about a resolution. The rationale as to why the particular approach was adopted should be recorded. On other occasions, in appropriate circumstances, complaints relating to one off incidents may be dealt with separately under the Grievance Procedure
Distinguishing Bullying from Harassment It is important to distinguish bullying from harassment which is defined below. Harassment is governed by the equality legislation and is predicated on the person being a member of one of the nine categories specified within the equality legislation. Bullying is legally distinct from harassment as bullying behaviour is not predicated on membership of any distinct group.
Harassment - Definition For the purpose of this policy, the definition of harassment as outlined in the Employment Equality Act, 2004 will apply, as follows:
Harassment is any form of unwanted conduct, related to any of the nine discriminatory grounds and being conduct which has the purpose or effect of violating a person‟s dignity and creating an intimidating, hostile, degrading, humiliating or offensive environment for the person. Harassment and Sexual Harassment are defined in the Employment Equality Acts as discriminatory treatment. Discrimination is defined in the Employment Equality Act, 1998 and 2004 and the Equal Status Act 2000 and 2004 as the treatment of a person in a less favourable way than another person was, is or would be treated on nine distinct grounds:
The gender ground: A man, a woman or a transsexual person (specific protection is provided for pregnant employees or in relation to maternity leave);
The marital status ground: Single, married, separated, divorced or widowed;
The family status ground: A parent of a person under 18 years or the resident primary carer or a parent of a person with a disability;
The sexual orientation ground: Gay, lesbian, bisexual or heterosexual;
The religion ground: Different religious belief, background, outlook or none;
The age ground: This applies to all ages above the maximum age at which a person is statutorily obliged to attend school;
The disability ground: This is broadly defined including people with physical, intellectual, learning, cognitive or emotional disabilities and a range of medical conditions;
The race ground: A particular race, skin colour, nationality or ethnic origin;
The Traveller community ground: People who are commonly called Travellers, who are identified both by Travellers and others as people with a shared history, culture and traditions, identified historically as a nomadic way of life on the island of Ireland.
The Employment Equality Act, 2004 extended the definition of harassment to include discrimination which arises where one of the nine grounds is imputed to a person or where a person who is associated with another person, and is treated by virtue of the association, less favourably than another person.
The Employment Equality Acts, 1998 and 2004 outlaw discrimination in the course of employment whether by an employer, another employee or by clients, customers or business contacts of the organisation.
Many forms of behaviour may constitute harassment including: (list is not exhaustive)
Verbal harassment – jokes, comments, ridicule or songs
Written harassment – including faxes, text messages, emails or notices
Physical harassment – jostling, shoving or any form of assault
Intimidatory harassment – gestures, posturing or threatening poses
Visual displays such as posters, emblems or badges
Isolation or exclusion from social activities
Pressure to behave in a manner that the employee thinks is inappropriate, for example, being required to dress in a manner unsuited to a person‟s ethnic or religious background
Unlike bullying, harassment may consist of a single incident or repeated inappropriate behaviour.
Sexual Harassment - Definition The Employment Equality Act, 1998 outlaws sexual discrimination in the workplace in the course of employment whether by an employer, another employee or by clients, customers or business contacts of the organisation.
For the purpose of this policy, the definition of sexual harassment as outlined in the Employment Equality Act, 2004 will apply, as follows:
Sexual harassment is any form of unwanted verbal, non-verbal, or physical conduct of a sexual nature, which has the purpose or effect of violating a person‟s dignity and creating an intimidating, hostile, degrading, humiliating or offensive environment for the person. Such unwanted conduct may consist of acts, requests, spoken words, gestures or the production, display or circulation of written words, pictures or material.
Sexual Harassment may consist of a single incident or repeated inappropriate behaviour.
The legislation applies to incidents of a sexual nature between a woman and a man and to individuals of the same sex.
Sexual harassment may take many forms, for example: (list is not exhaustive)
Sexual jokes, stories, comments, use of telephone (including text messages), fax or radio systems for inappropriate suggestive comments, unwelcome comments about dress or appearance
Display of offensive pictures, slogans, graffiti, written suggestive materials, etc. through electronic mail or otherwise (including a display of pornographic or sexually suggestive pictures or objects)
Asking personal questions, telling lies or spreading rumours about a colleague‟s sex life
Unwanted physical contact ranging from unnecessary touching to assault
Persisting in unwelcome attempts to form or continue a relationship from which the consent of one party has been withdrawn
Rights and Responsibilities Employees Employees have rights and duties as regards safety, health and welfare at work under the 2005 Act and under the Employment Equality Acts.
They have rights to be treated with dignity and respect at work and not to have their safety, health or welfare put at risk through bullying by the employer, by other employees or other persons. They have a right to complain to the employer if bullied and not to be victimised for so doing. They have a right under safety and health laws to be represented in raising this with the employer. Employees also have responsibilities to behave and conduct themselves so as to respect the right of employers and other employees to dignity, courtesy and respect at work and the right not to be placed at risk as regards to their safety, health and welfare from bullying at work. This individual responsibility extends to an awareness of the potential impact of personal behaviour on others and how it may cause offence and make them feel uncomfortable or threatened. Employees should inform a manager or supervisor if they are concerned that a colleague is being bullied or harassed. They should also cooperate by providing any relevant information when an allegation of bullying at work is being looked into whether in an informal or formal stage.
The Company The Company has a vicarious liability in regard to bullying and harassment matters. This means that the employer may be held liable for the actions of an employee in the course of his/her employment, regardless of whether these actions were carried out with the knowledge or approval of the employer.
Management, others in positions of authority and workplace representatives have a particular responsibility to ensure that bullying at work does not occur and that complaints are addressed speedily. In particular they should:
familiarise themselves with this Company policy
uphold it as an integral part of their work
promote awareness of the policy among staff
communicate policy to employees and non-employees (ensure posters are prominently displayed and copies of the policy are readily available)
intervene in any instance where offensive behaviour is observed or brought to their attention
provide good example by treating all in the workplace with dignity and respect
be vigilant for signs of bullying at work through observation and through seeking employee feedback and take action before a problem escalates
respond sensitively to an employee who makes a complaint of bullying or harassment
respond promptly to requests from employees to intervene and seek to resolve the matter informally where appropriate
explain the procedures to be followed if a complaint is made
ensure, insofar as practicable, that the employee is not victimised for doing so
monitor and follow up situations after a complaint is made to ensure that it does not reoccur
Trade Unions The policy recognises the contribution to be made by the trade union/s in An Post in the prevention of bullying in the workplace through their participation in the development and implementation of policies and procedures, through their information and training services, and through the collective bargaining process.
The Trade Unions in An Post also play a role in providing information, advice and representation to employees who have been bullied at work, and to employees against whom allegations of bullying at work have been made.
Victimisation It is unlawful to victimise an individual as a result of making a complaint, or giving notice of intention to do so. Complaints of victimisation will be treated as allegations of misconduct and will be dealt with through the grievance procedure and if upheld will be dealt with under the disciplinary procedure.
Communications An Post is committed to taking positive measures to educate all staff in awareness of bullying and harassment and the effects of this type of behaviour. Our commitment is to bring the policy to the attention of management, employees, clients and other business contacts.
This will be achieved in respect of employees by the following:
induction training
a copy of the document Dignity at Work: Anti Bullying & Harassment Policy for An Post to be circulated to all staff members
bullying and harassment awareness initiatives
training managers/supervisors to deal with bullying & harassment issues
This communication of the policy will be achieved in respect of non-employees by reference to the Dignity at Work Charter which will be displayed in workplaces
Support Services Given the often personal nature of bullying or harassment, the recipient may need to discuss his/her concerns in total confidence with someone else, in a safe environment. An Occupational Support Officer can be contacted directly at any stage for counselling, support and guidance throughout the process. A list of useful telephone numbers is included at the back of this document.
The Occupational Support Service is available to all parties, at all stages. Where both parties to a complaint make contact with the Occupational Support Service, a different Occupational Support Officer will be allocated to each party.
If you believe that you are being or have been bullied or harassed, you can seek information or assistance in strictest confidence from any of the following Contact Persons:
Your Line Manager/Supervisor
Trade Union Representative
HR Manager
The Occupational Support Service
Any other Manager/Supervisor.
Complaints Procedure There are three approaches in An Post to dealing with bullying and harassment, one informal; one formal and a third option of mediation is available where appropriate.
An Post advocates a problem-solving approach to ensure that the behaviour complained of, if established in fact, is eliminated and that working relationships are restored. This process aims to: • assess the allegation and address them • use agreed procedures; • be consistent, systematic, transparent and unbiased; • ideally have an intervention addressing the issue in place within three weeks or an agreed, indicative time frame;* • promote the restoration of harmony over the medium to long term.
A complaint must be made within six months of the latest incident(s) of alleged bullying, harassment or sexual harassment behaviour.
An offer of mediation may be made by a HR manager or other relevant manager where it is deemed that the expert skills of a Mediator would be of assistance.
. If an employee feels that s/he has been subjected to inappropriate behaviour by a third party non-employee, s/he should bring the matter to the attention of his or her line manager so that the matter can be investigated and appropriate action taken.
Informal Resolution It is the preferred approach of An Post and its Trade Unions that complaints of bullying or harassment are dealt with informally whenever possible. The objective of the informal procedure is to allow scope for resolving issues quickly and with the minimum of distress.
Informal resolution of a specific bullying allegation could include for example, clarification of what bullying is, agreement to alter verbal style, agreement by the person complained of, if they accept that their behaviour was inappropriate, that the conduct will not be repeated, or an explanation to the complainant about what occurred from the point of view of the person complained of which dispels the complaint.
Even if a complaint is in writing it can still be dealt with as part of the informal process. On receipt of a complaint of alleged bullying, or a complaint that a bullying atmosphere or bullying type behaviours are occurring, the Company will attempt to have the matter resolved informally with the consent of the parties involved. . This is likely to produce solutions that are speedy, effective and minimise embarrassment and the risk of breaching confidentiality. This informal approach in no way proposes to diminish the issue or the effect on individuals. For general non-specific issues, a proactive, non-judgemental intervention approach such as information sessions, clarifying what is acceptable interaction for a workplace and monitoring will be used.
Informal Process The first step in any informal resolution of a complaint will be to get the facts of the complaint, the specific issues complained of, when they occurred and to judge whether or not they fall within the definition of bullying, and thereafter to establish whether or not they are representative of the events complained of.
Any employee who believes he or she is being bullied should, where possible, indicate directly to the person complained of that the behaviour in question is unacceptable. In circumstances where the complainant finds it difficult to approach the person complained of directly, he or she should seek help and advice, from one of the „contact persons’ identified previously in this policy
The Company will designate a separate person who has had appropriate training and experience and who is familiar with the procedures involved to deal with the complaint on behalf of the organisation. This person will be a supervisor/manager or someone in authority within the organisation. For each complaint that arises, a
designated person will be assigned to deal with that specific case. Effective guidance and training will be in place for those who are engaged at this level with the process.
The complaint may be verbal or written. If verbal, a written note of what is complained of should be taken by the designated person and a copy given to the complainant. It is important that the complainant and not the designated person drafts the complaint.
The designated person who is handling the complaint, will then seek to establish the facts, the context and then the next course of action in dealing with the matter under the informal procedure.
If the complaint concerns bullying as defined and includes concrete examples of inappropriate behaviour, the person complained against will be presented with the complaint and his/her response established.
Thereafter a method will be agreed to progress the issue to resolution so that both parties can return to a harmonious working environment without bullying being a factor.
If the behaviour complained of does not concern bullying as defined, the matter will be dealt with through the Company‟s Grievance Procedures. If there are no concrete examples given, it must be deemed that there is no complaint to be answered by the person complained of as they have no recourse to repudiating an accusation that doesn‟t give any specifics.
Line managers will be kept informed, as appropriate, about the process in train.
Mediation Process Mediation is a process whereby a neutral and impartial mediator meets with both parties, usually separately to begin with, to discuss the alleged offending behaviour.
Mediation is a voluntary and independent process which cannot be imposed on the parties. It can only take place if both parties are agreed and it can end at any stage if either party decides to withdraw from the process.
Mediation uses various techniques to separate the issues from the personalities involved.
The fundamental objective is to resolve issues speedily and confidentially without recourse to a formal investigation and with the minimum of conflict and stress for the parties involved.
Agreements arrived at through this process tend t be more stable, longer lasting as they are owned by the parties involved.
Invoking the Mediation Process When a complaint is received by a designated member of management the complainant and respondent may be invited to participate in mediation.
Alternatively, an employee may request the mediation process in order to resolve their issues. The final decision in relation to invoking the mediation process rests with the HR Manager. The issue can be referred to mediation at any stage including if an investigation has commenced, if the parties involved are agreeable. A mediated agreement will not result in the issues being dealt with under a disciplinary policy. Any information exchanged during the process remains strictly confidential and cannot be disclosed as part of a formal investigation.
If either party involved would like to know more about Mediation or to meet the Mediator(s) to help them decide if they will participate in the process this will be facilitated through the HR Manager.
Where it is decided to refer a complaint to mediation, both parties will be put in contact with Occupational Support Service in order to activate this option and the situation will be kept under review by the HR Manager. Where Mediation is unsuccessful or the offer of Mediation is refused the Head of Employee Relations may refer the matter to an investigator(s) to begin or resume an investigation.
If following a mediated agreement either party is of the view that the agreement has been breached the matter must be referred by that party to the HR Manager.
If the issue is not or cannot be resolved through the informal process, or through mediation, or if the bullying/harassment persists, the formal process should be invoked.
Formal Process The process includes a formal complaint, and a formal investigation. The purpose of an investigation is to determine the facts and the credibility or otherwise of a complaint of bullying. Where an investigation is to be carried out, the procedures below will be followed.
The complainant should make a formal complaint, which must be in written form and signed and dated. The complaint should be confined to precise details of alleged incidents of bullying, including their dates, and names of witnesses, where possible.
The complainant will be advised of the aims and objectives of the formal process, the procedures and time frame involved, and the possible outcomes. He/she will be assured of support as required throughout the process. He/she will again be given a copy of this Policy.
The person complained against will be notified in writing that an allegation of bullying has been made against him/her. He or she will be assured of the organisation‟s presumption of his or her innocence of any wrongdoing at this juncture. He/she will be advised of the aims and objectives of the formal process and procedures and time frame involved and the possible outcomes. He/she will be assured of support as required throughout the process.
A meeting will be organised at which he/she is given a copy of the complaint in full and any relevant documents including this Policy.
Investigation The Company will appoint an investigation team of two people, selected from a panel of suitably trained individuals. Every effort will be made to ensure a gender mixed team from at least one grade above the complainant and alleged offender(s). The investigators will not be people who were previously involved in the informal process.
The investigation team will meet with the complainant and the person complained of and any witnesses or relevant persons on an individual confidential basis with a view to establishing the facts. A work colleague or employee/trade union representative may accompany the complainant and the person complained of and any witnesses if so desired in a supportive role. This person is not an advocate for the employee
The investigation will be governed by terms of reference which should include the following:
The investigation will be conducted in accordance with this Policy.
The likely time scale for its completion – an indicative time-frame should be outlined and agreed and its rationale explained.
The scope of the investigation, indicating that the investigation team will consider whether the complaint falls within the definition of bullying at work and whether the complaint has been upheld.
Statements from all parties will be recorded in writing as the use of written statements tends to make matters clearer from the outset and maintains clarity throughout the investigation. Copies of the record of their statements should be given to and agreed with those who make statements to the investigator.
All parties should continue to work normally, if possible during the investigation.
The objective of an investigation is to ascertain whether or not, on the balance of probabilities, the behaviours complained of occurred. Evidence and witness statements are relied on for this purpose.
All parties to an investigation are bound to strict confidentiality. Any individual (complainant, person complained of, witness(es) etc), found to be in breach of confidentiality related to an investigation will render themselves liable to disciplinary action, which may result in disciplinary proceedings up to and including dismissal.
Lack of co-operation with / or obstruction of an investigation may be treated as a disciplinary matter. Failure to co-operate with the investigation will be noted and will not preclude the investigation from continuing.
The investigation will be completed as quickly as possible, preferably within an agreed timeframe. The time it takes to investigate a matter will depend on the particular circumstances and the number and availability of any witnesses. Insofar as is possible the investigation should be concluded within sixty-eight (68) working days commencing with the assignment of the investigation team. An indicative time frame is outlined in Appendix 2.
The investigation team will submit a report to the manager who initiated the investigation which will include the conclusions of the investigation team. The complainant and the person complained of will be given a copy of the report as soon as possible by the manager who initiated the investigation and given an opportunity to comment, within a set deadline, before he/she decides on any action to take. The employer will decide in the light of the investigation teamâ€&#x;s report and the comments made, if any, what action is to be taken arising from the report. The employer will then in writing inform the complainant and the person complained against of the next steps. At the end of the process the documentation will be kept by the Company in line with the Retention guidance within the Data Protection Act, 2003 and will made available only in compliance with that Act.
Where a complaint is upheld, the matter will be dealt with under the Companyâ€&#x;s Disciplinary Procedures.
Where a complaint is not upheld, it will be made clear to both parties that the complaint is not upheld, and no wrong doing has been found.
Where a complaint has been found to have been maliciously made, the matter will be dealt with under the Companyâ€&#x;s Disciplinary Procedures.
Appeals An appeal against the findings of the investigation may be submitted to the manager who initiated the investigation.
The appeal should be lodged within fourteen (14) days of the issue of the report and should clearly outline the grounds for such an appeal and should be accompanied by any relevant supporting documentation.
The appeal will be heard by the manager who initiated the investigation and will focus only on the aspect of the case citied by the appellant as being the subject of the appeal.
The outcome of the appeal will be issued in writing to the complainant and person complained of by the manager to whom the appeal was made. All reasonable efforts will be made to complete the appeal within 21 days of its receipt.
If the internal procedures do not lead to the resolution of the complaint then the case maybe referred to an independent third party as provided for in agreed Grievance and Disciplinary Procedures. However, this should only happen once the internal procedures have been exhausted.
Closure and Next Steps Both parties will be given appropriate support and periodical reviews, insofar as is reasonable, after a resolution is found so as to obtain closure. It is accepted that investigations can result in very divisive relationships for individuals, teams and workplaces and some type of reconciliation or rehabilitative meetings, or team working session may be arranged to restore healthier working communication for the future.
Records Central records will be maintained on a strictly confidential basis and will be accessible only through the Head of Employee Relations. This central record will be for the compilation of statistics which may be used for reporting purposes, to identify trends and for management information purposes.
Monitoring This information will also be used to monitor this policy in its application, to track the number and nature of complaints being raised, how people are accessing the policy, the speed of processing and any modifications which may be required. This information will be used to assist the Company in taking corrective action or achieving continuous improvement in the bullying prevention policy and procedure.
Statistical information will be made available to the unions every January by the Head of Employee Relations, on a confidential basis. The nature of the information provided will be as follows; the number of formal complaints received, the number of complaints under investigation, the number of complaints resulting in disciplinary action and, on a percentage basis the number of complaints resulting in dismissal, serious offence, warning etc., and the length of time in processing cases.
This policy will be reviewed on a regular basis in line with changes in the law, relevant case law and other developments. This policy is a collective agreement registered with the JCC and any amendments will be made through that forum.
General Both parties will be supported to enable them to remain at work while matters raised under this policy are being dealt with.
A change of work location for either or both parties if requested may be considered by Management.
This policy does not affect the statutory rights of an employee. Nothing in this policy is designed to prevent a person exercising his or her statutory entitlements by making a complaint under the Employment Equality Acts, or the Industrial Relations Act, 19462001. Complaints under the Employment Equality Acts must be brought within six months of the last act of discrimination. In exceptional circumstances, the six month time limit may be reviewed.
Support Services Contact Numbers:
Peter Mohan, Dublin, Mullingar, Dundalk & Athlone
01-7058568
Josephine Smyth, Dublin, Portlaoise & Naas
01-7058576
Pat O'Sullivan, Limerick & Waterford Area Offices
021 - 4851262
Noel Keaveney, Western Regional Office
071 - 9151989
Appendix 2 Indicative time Frames Prompt action must be taken by the relevant HR Manager to ensure that investigations are initiated within two weeks of receiving a formal complaint. Acknowledgement Letter to the Complainant
1 week
The Complainant's Interview
2 weeks
Notes to the interviewee
1 week
Return copy of notes with amendments
1 week
Amended notes to interviewee
3 days
Notification of Complaint to the Alleged Offender
1 week
The Alleged Offenders interview
1 week
Notes to the interviewee
1 week
Return copy of notes with amendments
1 week
Amended notes to interviewee
3 days
Other Interviews
1 week
Notes to the interviewee
1 week
Return copy of notes with amendments
1 week
Amended notes to interviewee
3 days
Report to Manager who initiated investigation
4 weeks
Notification of result of investigation
2 weeks