The bullying dilemma in Irish employment law
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- čas přidán 27. 07. 2024
- Video looks at the difficulty facing an employee who believes he/she is being bullied in the workplace. The remedies can be difficult to attain and there is a dilemma which faces the employee in many of these cases.
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Thanks Terry, absolutely sound advice. Hard to take if you are been bullied in the Workplace. An anti bullying act is more defintley needed in Ireland. The Employment Equality Acts 1998-2015 place an obligation on all employers to prevent harassment in the workplace. Health and Safety Act also places an obligation on both employers and employees to act responsibly in the Workplace. Constructive dismissal claims are hard to win indeed. Brilliant video, great clarity on options. Thanks Terry.
Thanks Frank. Yes, this is a difficult area, one I encounter pretty frequently.
Thanks Terry for this information on the course of action open to victims of workplace bullying, it’s so hard for anyone in this situation, particularly if your in a middle or senior management position. Career and future employment prospects are always forefront of any decision for an individual to take a case to the WRC. From my experience many people go on to suffer in silence as a result of workplace bullying, lack of confidence, long term stress and anxiety’. That sick feeling in the stomach doesn’t go away. Until the laws are changed people will continue to suffer in silence . The sad thing is that bullying is so prevalent in many workplaces in Ireland today . To walk away and give up an income takes courage,but for self preservation it is the only option where by the victim takes back control. Thanks again for sharing your knowledge.
Very informative video on a complex subject.
Terry doesn't mean you don't have to fight injustice in the workplace. It is the duty of every citizen spelled out in the constitution))))
Good points well made. Thanks Terry- I think that if you are being bullied you are better of polishing up the CV and trying to move on. And it's easier to get a job while you are in a job. No matter how good the job, sooner or later your face won't fit.
Bully will just continue on, however, so it is not easy to know what the right thing to do is
@@SusanaXpeace2u the reason for making this video is I recognise the problem and advise employees regularly. I know it's difficult and complex and now amenable to a simple solution 🤔
We are not afraid of difficulties
This was really informative Terry and so glad you tackled this very fraught subject. Given the nature of current legislation in iIreland is there a need to establish a legal definition of bullying and to develop specific legislation or statutory protections around it or do you think the the WRC is safeguard enough?. I am so aware that many employees the length and breath of the country suffer at work because of colleague behaviour. And while there should be procedures in place for reporting such behaviour before it gets out of hand and have it resolved...this often doesn't happen and there can be genuine cases of severe and ongoing bullying which cause undue and unfair suffering. Would love your opinion on where we might, as a jurisdiction go with this to uphold the wellbeing of all our citizens.
Vera, thanks for the kind comment.
This is not a problem which is amenable to a simple or easy solution, I'm afraid. I don't have any answers, all I can do is advise on the basis of the existing law.
What about a case whereby an employee has been accused of bullying and the accusation has been upheld? If she applies the decision and it is still upheld is there any other option?
It is up to the employer to take the appropriate action-wide range of options open to him/her
But I thought you can’t be a judge in your own case? Isn’t any claim investigated by the employer agent? Is there no bias there?
If you feel you're being bullied you're as well just cut your loss and move on to another job and try and understand why you might have been bullied and try and learn from it. This sounds harsh but no workplace or HR person wants to hear your complaint or deal with this hassle and they would rather it was you who leaves instead of the person you are accusing. Sorry to say that is what I have seen over the years.
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You’re fundamentally wrong in your direction here …As it currently stands ‘if your complaint is not upheld’ as you describe then the investigation is in breach of SI 674/2020 … read what it says in the SI :
‘The scope of the investigation should indicate that the investigator will decide based on the facts before them whether the behaviour complained of may, on the balance of probabilities have occurred. The investigator SHOULD NOT UPHOLD OR DISMISS the allegations and/or suggest or impose sanctions.
What the SI is directing is that deciding whether or not certain events took place or whether a person bullied another person carries entirely different legal consequences.
The caveat is that you do not proceed with a formal investigation of bullying unless the behaviour complained of potentially constituted bullying.
The above is a banana skin an investigator easily could come a cropper on- from both the complainant and the respondent side if you’re going around wildly upholding or dismissing the complaint.
In breach of a SI has no legal consequences or import.
why was 674/2020 ever drafted ? waste of time surely? …Investigators in Ireland are lording it anyway knowing that the current legal precedent/case law preclude’s the WRC/LC from disturbing the findings of the investigation.. what a filthy business.What becomes apparent in all this bullshit is that it’s absolutely crucial, if you’re the employer, as to who the investigator is and how they are appointed ie rig it and load the dice - as Dylan said a pig circus.