I Network

Earlier in the year, a former hospital worker was awarded almost 30k by the Employment Appeals Tribunal when she successfully claimed constructive dismissal,after being bullied and isolated at work by her colleagues over a period of time. The tribunal determined that her employer had failed to properly and proactively investigate the allegations made, which resulted in working conditions becoming intolerable as she continued to be rostered with staff that she complained were bullying her.

Under the Safety,Health & Welfare Act, 2005, employers are required to manage work activities to prevent improper conduct and behaviour. In this regard, specific responsibilities exist with regard to the prevention of bullying in the workplace and the HSA Code of Practice for Employers and Employees on the Prevention & Resolution of Bullying at Work, which was published in May 2007 provides useful guidance on how to deal with bullying at work. In summary, employers must ensure that they do the following:

• Identify if bullying is a risk in workplace;
• Inform & Educate employeees and managers about rights and responsibilities;
• Support & Assist employees who wish to make a complaint; and
• Investigate and review complaints in a fair and timely manner.

A comprehensive bullying and harassment policy that is issued to employees and proactively used in the workplace can help employers meet their obligations under Code, which is admissible as evidence in court proceedings. The Code can be downloaded from the HSA web site at http://www.hsa.ie. or please feel free to contact Carmel Murphy on (071) 9642748 for further advice on implementing a policy in the workplace or how to investigate bullying complaints.