Conducting Workplace Investigations - Guidelines for Employers

Are you an Employer? If so, has a claim for bullying/harrassment been made by an employee against a colleague in the workplace?

Every employer is expected to have a clear and documented procedure in place to address such complaints and have it followed precisely. In addition, this procedure must be implemented in order to fairly dismiss an employee.

Did you know that section 14 of the Unfair Dismissals Act, 1997, requires that an employee must be advised of procedures which will be used for dismissal?

Case law has shown that cases poorly handled by an employer or extreme cases of bullying can result in legal action being taken including claims for constructive dismissal in the Employment Appeals Tribunal and/or an award for general damages(compensation) for personal injury and loss caused to the employee by the alleged negligence of his/her employer. Such cases can be extremely expensive for employers and can be avoided by having the appropriate grievance and disciplinary procedures in place which are adhered to so as to ensure that all parties to a grievance are offered a fair procedure and due process.

Research indicates that workplace conflict is increasing so it is vital that employers know their obligations and are conscious of their duty of care in relation to the issues of workplace bullying and harrassment.

For more information please contact

at (01) 639-8200 for further information.

Occupational Stress Litigation

Have you been bullied at work or are you suffering from stress as a result of your workplace? Have you been subjected to unacceptable treatment by either management of your colleagues? Are you being made redundant unfairly?

Claims for occupational stress are increasing all the time. This is psychological injury arising from the workplace.

There are two legal routes one can take in bringing a claim for damages for occupational stress at work. Firstly, by statute/legislation/act: statutory claims include harassment and bullying claims further to the employment equality legislation; constructive and unfair dismissals and to some extent claims pleading breaches of health and safety legislation, and secondly, by bringing a personal injuries claim in the Circuit or High Court.

For more information please e-mail

Agatha Taylor our litigation partner

or contact KMB Solicitors at (01) 639-8200 for further information.