Dignity Integrity - Houses of the Oireachtas Commission

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Dignity Integrity - Houses of the Oireachtas Commission
March 2019

Integrity

Dignity
                         Respect
 Mediation

             Workplace

                Houses of the Oireachtas Commission
                                   Dignity and Respect Statement
                                           of Principles and Policy
Dignity Integrity - Houses of the Oireachtas Commission
Dignity Integrity - Houses of the Oireachtas Commission
Dignity and Respect Statement of Principles and Policy

Houses of the Oireachtas Commission
Dignity and Respect Statement of Principles and Policy

                                                                                                                                            1
Foreword
The Houses of the Oireachtas Commission, as the governing body which oversees the delivery of services to the
Houses of the Oireachtas, their Members and members of the public has unanimously agreed to adopt common
standards to ensure that all those working in the Houses of the Oireachtas are treated with dignity and respect.
The Commission is committed to ensuring that safety and equality are to the forefront of our values, and that
bullying, harassment, and sexual harassment will not be tolerated in any form.

The Houses of the Oireachtas Commission will support and oversee the implementation of this Statement of
Principles and we will ensure that it is adequately resourced. The Dignity and Respect Statement of Principles and
Policy will be evaluated and reviewed after a period of operation and a report will be sent to the Commission with
recommended improvements as required.

I am pleased that, throughout the consultation process, the Dignity and Respect Statement of Principles and Policy
have won broad support from the political parties and groups and from staff representatives and, in particular, I
appreciate the contributions from the Members Dignity and Respect Forum, the Party Administrators/Group Co-

                                                                                                                                Dignity and Respect Statement of Principles and Policy
ordinators Forum and the Women’s Caucus. These Principles will form common standards throughout our
Parliament to promote and maintain a respectful and positive workplace.

Seán Ó Fearghaíl, T.D.
Ceann Comhairle
Dignity and Respect Statement of Principles and Policy

                                                             Introduction

        2
                                                             The Houses of the Oireachtas Commission approved the            Dignity and Respect Policy
                                                             Dignity and Respect Statement of Principles and Policy on
                                                                                                                             The Dignity and Respect Policy provides a standard
                                                             2nd October 2018 following consultation with the Political
                                                                                                                             policy and resolution procedures which the Members
                                                             Parties/groups/staff representatives for implementation
                                                                                                                             and Political Parties as employers shall adopt to ensure
                                                             by the end of 2018. The final published version of the
                                                                                                                             that their procedures for dealing with any issues arising
                                                             policy was approved by the Commission on 5th March
                                                                                                                             under the Dignity and Respect Statement of Principles and
                                                             2019 on completion of the implementation arrangements.
                                                                                                                             Policy comply with relevant legal and standard codes of
                                                                                                                             practice. There are many employers in the Houses of the
                                                             Dignity and Respect                                             Oireachtas (the Oireachtas Service, Members and Political
                                                                                                                             Parties) who have obligations to take reasonable steps to
                                                             Statement of Principles
                                                                                                                             ensure that the work environment is free of bullying,
                                                             The Dignity and Respect Statement of Principles sets the        harassment or sexual harassment and to deal with
                                                             standards of respect, dignity, safety and equality that         established complaints of bullying in the workplace. The
                                                             apply to everyone in the Parliamentary Community –              policy is based on the Health and Safety Authority’s Code
Dignity and Respect Statement of Principles and Policy

                                                             Members of the Houses, the staff employed by Members            of Practice for Employers and Employees on the Prevention
                                                             and by Political Parties, interns and those on work             and Resolution of Bullying at Work 2007 and the Equality
                                                             placements, political correspondents working in the             Authority’s Code of Practice on Sexual Harassment and
                                                             Houses and the staff of the Houses of the Oireachtas            Harassment at Work. These procedures ensure that a
                                                             Service (the “Oireachtas Service”). The principles apply in     person who has a concern knows who to contact so that

                                                             the Parliamentary Workplace, which includes Leinster            they will be supported and assisted in seeking resolution
                                                                                                                             through trained staff, mediation and supports.
                                                             House and its environs, constituency offices, meetings,
                                                             conferences, training events, official travel, and work-        While Members have a particular commitment to
                                                             related social occasions, provided there is a sufficient link   uphold the highest standards of behaviour, as public
                                                             with the work of the Member and his/her employees.              representatives, they can also be vulnerable to vexatious
                                                             These principles build on the standards of behaviour in the     claims. The principles of natural justice and fair procedures
                                                             codes of conduct and value statements of the Houses             underpin the culture of dignity and respect in the workplace
                                                             of the Oireachtas, the Political Parties and the Oireachtas     and will apply to everyone.
                                                             Service to prevent bullying, harassment and sexual
                                                                                                                             All Members and Political Parties, as employers, will
                                                             harassment in the parliamentary workplace.
                                                                                                                             be asked to sign a form to confirm receipt of Dignity
                                                                                                                             and Respect Statement of Principles and Policy and
                                                                                                                             to confirm their agreement to:
                                                                                                                                n   adopt the policy;
                                                                                                                                n   assign a Complaint Recipient             to   handle
                                                                                                                                    any complaints received;
                                                                                                                                n   implement        any     recommended          actions
                                                                                                                                    or sanctions arising from any stage of the resolution
                                                                                                                                    procedures.
Dignity and Respect Statement of Principles and Policy

The Civil Service Dignity at Work Policy 2015 continues
to apply to all Civil Service staff of the Houses of the
Oireachtas Service. This policy also complies with the
Health and Safety Authority’s Code of Practice for
Employers and Employees on the Prevention and
Resolution of Bullying at Work 2007 and the Equality                                                                            3
Authority’s Code of Practice on Sexual Harassment and
Harassment at Work. The Dignity and Respect Statement
of Principles and Policy will be circulated to office staff
as a link on the Plinth.

Employers of contractors and political correspondents
working in the Parliamentary Community will be circulated
with the Dignity and Respect Statement of Principles and
Policy, which states that they are required to have
procedures for their employees that comply with the
Health and Safety Authority’s Code of Practice for
Employers and Employees on the Prevention and
Resolution of Bullying at Work 2007 and the Equality
Authority’s Code of Practice on Sexual Harassment
and Harassment at Work.

                                                                                                                       Dignity and Respect Statement of Principles and Policy
Monitoring and Evaluation
The Dignity and Respect Statement of Principles and Policy
will be evaluated and reviewed after a period of operation
and a report will be sent to the Commission with
recommended improvements as required.

Statistics on the number of complaints received and
processed under the policy will be provided by Complaint
Recipients to Members HR as part of evaluation of the
policy.
Dignity and Respect Statement of Principles and Policy

                                                             Dignity and Respect Statement of Principles
                                                             Working for the People of Ireland in a Safe Parliament for Everyone

        4
                                                             The Principles                                                  All Political Parties and Members, as employers of Political
                                                                                                                             Staff, must take reasonably practicable steps to prevent
                                                             Everyone in the Houses of the Oireachtas strongly supports
                                                                                                                             bullying, harassment or sexual harassment in the
                                                             a culture of dignity and respect in the Parliamentary
                                                                                                                             workplace, to reverse the effects of it, and to prevent its
                                                             Workplace, in which bullying, harassment and sexual
                                                                                                                             recurrence. The Civil Service Code of Standards and
                                                             harassment are totally unacceptable forms of behaviour.
                                                                                                                             Behaviour, the Oireachtas Service Code for Working
                                                             The    “Parliamentary     Workplace”    includes     Leinster   Together and the Code for Working with Members set
                                                             House and its environs, constituency offices, meetings,         out the values and behaviours that staff of the Oireachtas
                                                             conferences, training events, official travel, and work-        Service must meet to maintain a positive working
                                                             related social occasions, provided there is a sufficient link   environment.
                                                             with the work of the Member and his/her employees.
                                                                                                                             By adopting these principles, each individual will
                                                             The purpose of these principles is not simply to prevent
                                                                                                                             demonstrate that dignity and respect are to the forefront of
                                                             unwanted behaviour in the workplace but to encourage
                                                                                                                             their values.
                                                             best practice and a safe and harmonious workplace where
Dignity and Respect Statement of Principles and Policy

                                                             such behaviour is unlikely to occur.                            Everyone in the Parliamentary Community will:

                                                             These principles apply to everyone working in the                  n   Always act with integrity and uphold our public
                                                             “Parliamentary Community”, that is, Members of the                     service values in working for the People of Ireland.
                                                             Houses, the staff employed by Members and Political                n   Prevent    bullying,         harassment     and   sexual
                                                             Parties, interns and those on work placements, political               harassment in the Parliamentary Workplace
                                                             correspondents working in the Houses and the staff of                  and commit to working together in a safe,
                                                             the Houses of the Oireachtas Service.                                  harmonious            workplace        where       such
                                                                                                                                    behaviours are not acceptable.
                                                             While Parliament is not unique with respect to issues
                                                             of bullying, harassment and sexual harassment, elected             n   Take     the   time     to    learn   and    understand
                                                             Members should be held to the highest standard of                      the behaviours that can constitute bullying,
                                                             behaviour due to the role of Parliament in society. In                 harassment and sexual harassment and how these
                                                             politics there must be a high level of tolerance for debate            behaviours impact on others.
                                                             and argument, over and above what would be considered              n   Lead by example and take personal responsibility
                                                             acceptable within the workplace. However, the same                     to ensure that bullying, harassment and sexual
                                                             tolerance cannot be applied to politicians’ treatment of               harassment are not tolerated in any form, as each
                                                             staff and employees, who should have the same right to                 person has a responsibility to report any instance
                                                             respectful treatment as any other employees. Members                   that they witness or that comes to their attention.
                                                             must therefore conduct themselves to the highest ethical           n   Have positive, courteous working relationships
                                                             standards in accordance with the provisions and spirit of              with each other, respecting the value of our
                                                             their Codes of Conduct.                                                respective roles.
Dignity and Respect Statement of Principles and Policy

   n   Encourage and model respectful communication,            Each Political Party and Member, in their role
       particularly when managing conflict or challenge in      as an employer, will ensure that:
       a busy work environment.                                    n   All Political Staff are aware of their responsibility to
   n   Be   respectful      when     engaging   with   others          behave in a way that upholds a culture of dignity
       through   social     media,     text   messages   and           and respect and are aware of the behaviours that
                                                                                                                                            5
       email communications.                                           can constitute bullying, harassment and sexual
   n   Be advocates for diversity and inclusion and                    harassment.
       take steps required to prevent discrimination               n   All Political Staff are aware of the Dignity and
       and harassment on equality grounds.                             Respect Helpline, which acts as the Designated
                                                                       Contact Person. The Designated Contact Person
The Houses of the Oireachtas Commission,                               provides advice on how to resolve a concern
as the Governing Body of the Houses of the
                                                                       and the supports available.
Oireachtas, will:
                                                                   n   A Complaint Recipient is nominated by the
   n   Promote the Dignity and Respect Statement of
                                                                       Party/Member         to   handle    complaints     and
       Principles and ensure that all Members, Political
                                                                       initiate resolution procedures. A nominee may
       Parties and employees are aware of standards
                                                                       be provided from the Members’ HR Unit to act
       expected to prevent bullying, harassment or sexual
                                                                       as Complaint Recipient for some Members and
       harassment in the Houses of the Oireachtas.
                                                                       Political Parties.
   n   Promote the Dignity and Respect Policy and
                                                                   n   Resolution mechanisms in their employment

                                                                                                                                  Dignity and Respect Statement of Principles and Policy
       encourage and keep under review the policy’s
                                                                       comply with the Dignity and Respect Policy.
       adoption by Members and Political Parties to seek
                                                                   n   All employees, including new employees, will be
       to ensure that issues arising in relation to dignity
                                                                       given a copy of the Dignity and Respect Statement
       and respect are dealt with in a manner that
                                                                       of Principles and Policy so that they are aware of
       complies with the relevant legal and standard
                                                                       the commitments therein and the procedures to be
       codes of practice.
                                                                       followed if they wish to raise a concern.
   n   Provide resources to support the effective
                                                                   n   In view of the potential for serious personal
       implementation of the Dignity and Respect
                                                                       consequences to an individual arising from
       Statement of Principles and Policy.
                                                                       harassment,     particularly    sexual    harassment,
                                                                       Members should ensure that they and their staff
                                                                       attend at least one information seminar on the
                                                                       Dignity and Respect Policy in order to prevent
                                                                       incidents by highlighting the seriousness of
                                                                       such complaints.
Dignity and Respect Statement of Principles and Policy

                                                             The Oireachtas Service, in its role as employer,                 Others working in the Parliamentary Workplace:
                                                             will ensure that:
                                                                                                                              Political correspondents, contractors and those on
                                                                 n   All staff of the Oireachtas Service are aware of their   work placements/interns should be aware of their
                                                                     responsibility to behave in a way that upholds a         responsibility to behave in a way that upholds a culture
                                                                     culture of dignity and respect and are aware of the      of dignity and respect and to prevent bullying, harassment
        6
                                                                     behaviours     that    can    constitute     bullying,   and sexual harassment. They should also be able to raise a
                                                                     harassment and sexual harassment under the Civil         concern either with their employer or with the Course
                                                                     Service Dignity at Work Policy 2015, Our Code for        Director if these principles are not met.
                                                                     Working Together and the Guidelines for Working
                                                                     with Members.
                                                                 n   All staff of the Oireachtas Service are aware
                                                                     that the Personnel Officer is the contact for civil
                                                                     servants employed by the Houses of the Oireachtas
                                                                     Service under the Civil Service Dignity at Work
                                                                     Policy 2015 and that this policy sets out the
                                                                     resolution procedures for complaints that may
                                                                     arise when an issue is between civil servants.
                                                                 n   The Dignity and Respect Policy is adopted by the
                                                                     Oireachtas Service and complaints by staff of the
Dignity and Respect Statement of Principles and Policy

                                                                     Oireachtas Service against Members or Political
                                                                     Staff are handled using these procedures. All staff
                                                                     of the Oireachtas Service will be made aware that
                                                                     the Personnel Officer is the Complaint Recipient for
                                                                     staff of the Oireachtas Service for the purposes of
                                                                     the Dignity and Respect Policy and will refer the
                                                                     matter to the relevant party or employer.
                                                                 n   Staff of the Oireachtas Service are made aware
                                                                     that, whilst the Personnel Officer is the contact for
                                                                     the Dignity at Work Policy 2015, they may access
                                                                     the Dignity and Respect Helpline to raise a concern
                                                                     or issue.
                                                                 n   All staff of the Oireachtas Service are aware that
                                                                     complaints by Members or Political Staff against
                                                                     civil servants will continue to be handled under the
                                                                     Dignity at Work Policy 2015 procedures.
                                                                 n   Training for staff of the Oireachtas Service on
                                                                     the Civil Service Dignity at Work Policy 2015 will
                                                                     include information on the commitments under the
                                                                     Dignity and Respect Statement of Principles and
                                                                     Policy.
Dignity and Respect Statement of Principles and Policy

Support Services for the Implementation
of the Statement of Principles

                                                                                                                                            7
Information Seminars and Training                               Workplace Support Programme
To support the implementation of the Dignity and                The Workplace Support Programme (currently provided by

Respect   Statement     of   Principles   and   to   prevent    Inspire Workplaces) provides a Workplace Support

unwanted behaviours in the Parliamentary Workplace, it is       Programme for Members, their staff, and the staff

important everyone in the Parliamentary Community               of Political Parties. The services provided under the

understands how they can contribute to maintaining a            Programme include a secure and confidential telephone

positive working environment. Information seminars              helpline, telephone and face-to-face counselling sessions

will take place periodically for Members, Political Staff and   to a maximum of 6 counselling sessions per case, and

staff of the Oireachtas Service to provide information and      a dedicated website/online support system providing

skills in dealing with others respectfully and in raising       topical health and well-being information.

awareness of the role of every person in contributing to        Members, their staff and Political Staff can call the
a healthy and positive working environment.                     confidential helpline any time for free, confidential and

Training will also be provided for all those in the role        immediate support at 1800 201 346. The dedicated

                                                                                                                                 Dignity and Respect Statement of Principles and Policy
of Complaint Recipient.                                         website/online       support       is     available      at
                                                                www.inspirewellbeing.ie/workplaces.

Support services for Members,                                   Dignity and Respect Helpline
Political Parties and Political Staff                           A Dignity and Respect Helpline service will be available
The Members’ HR Unit – Information                              to Members, Political Parties and their staff, and this will

and Services for Members in their role                          act as the Designated Contact Person for the Dignity and
                                                                Respect Policy. The Dignity and Respect Helpline will be
as employers
                                                                a first point of contact for anyone experiencing issues
The Members’ HR Unit is the point of contact for Members,
                                                                relating to bullying, harassment or sexual harassment.
Party Administrators and Groups regarding information or
resources such as training or mediation services. The           The Dignity and Respect Helpline will be available Monday
Members’ HR Unit supports Members in their role as              to Friday from 9 a.m. to 5 p.m. to provide information and
employers including the provision of payroll administration,    support on a confidential basis to anyone who wishes to
template contracts and information on the roles and             raise a concern under the Dignity and Respect Policy. An
responsibilities of Members as employers. The Employers         email address will also be provided to enable individuals
Guide to Human Resource (2016) provides guidance for            to make initial contact electronically. Those operating the
Members on managing the human resources aspect of               Helpline will either provide information or advice directly
their role, on meeting their obligations as an employer and     to the caller or arrange for a same-day callback.
on promoting good people management.
                                                                Dignity and Respect Helpline
Members’ HR Unit: ext. 3273 – hrmembers@oireachtas.ie.          Tel: 1800 313 638,
                                                                Email: dignityandrespect@healthassured.co.uk
Dignity and Respect Statement of Principles and Policy

                                                             Mediation Services                                               Support Services for staff
                                                             It is best practice to seek early and informal resolution        of the Oireachtas Service
                                                             of complaints and issues within the work environment
                                                                                                                              Personnel Officer, HR Unit
                                                             between the parties involved where possible, facilitated
                                                             by the Political Party or the Member as employer. If it is not   The Personnel Officer of the HR Unit is the contact for staff
       8                                                                                                                      of the Oireachtas Service for information on the Dignity
                                                             possible to achieve informal resolution between parties,
                                                             the Members’ HR Unit may arrange for mediation through           and Respect Statement of Principles and Policy and the

                                                             an independent mediation service available to Members,           Civil Service Dignity at Work Policy 2015.

                                                             Political Parties and groups to assist in conflict resolution
                                                             in the workplace. This is a voluntary, confidential process      Employee Assistance Service
                                                             that allows both parties to resolve their conflict in a
                                                                                                                              for staff of the Oireachtas Service
                                                             mutually agreeable way with the help of a neutral mediator.
                                                                                                                              The Employee Assistance Officers are trained personnel
                                                             Mediation focuses on the interests or needs of the parties
                                                                                                                              who are available to offer confidential support and
                                                             and on solutions, not on determining or assigning blame.
                                                                                                                              guidance to staff of the Oireachtas Service who may
                                                             It can be used to achieve early intervention and resolution
                                                                                                                              be experiencing personal and/or work-related difficulties.
                                                             of workplace conflict under this policy. Its fundamental
                                                                                                                              The Houses of the Oireachtas Service Employee Assistance
                                                             objective is to resolve issues speedily and confidentially
                                                                                                                              Officer (EAO) is Deirdre Farrell and her contact details are
                                                             without recourse to formal investigation and with a
                                                                                                                              as follows:
                                                             minimum of conflict and distress for the parties involved.
Dignity and Respect Statement of Principles and Policy

                                                             Note that it may not be appropriate and reasonable to            Deirdre Farrell
                                                             apply mediation in cases of serious bullying, harassment         CSEAS
                                                             or sexual harassment. If both parties agree to resolve the       4th Floor St. Stephen’s Green House
                                                             issue by mediation, the Party Administrator or Members’          Earlsfort Terrace
                                                             HR Unit can arrange a mediation process.                         Dublin 2
                                                                                                                              D02 PH42

                                                             Union Supports                                                   Tel: 0761 000037

                                                             SIPTU (Services, Industrial, Professional and Technical          Mobile: 086 8384358
                                                             Union) – Jane Boushell: 1890 747881 is the SIPTU Union           Email: Deirdre.farrell@per.gov.ie
                                                             official who represents staff employed under the Scheme
                                                                                                                              The central telephone number and email address for the
                                                             for Secretarial Assistance in the Houses of the Oireachtas.
                                                                                                                              Civil Service Employee Assistance Service (CSEAS) is as
                                                                                                                              follows:

                                                                                                                              Tel: 0761 000 030 (on-duty EAO available 9 a.m. to 5.45
                                                                                                                              p.m. Monday to Thursday and 9 a.m. to 5.15 p.m. Friday,
                                                                                                                              except Bank Holidays)

                                                                                                                              Email: cseas@per.gov.ie
                                                                                                                              Website: www.cseas.per.gov.ie.
Dignity and Respect Statement of Principles and Policy

Civil Service Mediation Services
The Civil & Public Service Mediation Service (CPSMS)
offers a free mediation service to current employees of civil
and public service organisations. The panel of mediators
operating the service are serving civil and public servants,
                                                                                                                                 9
professionally trained, accredited to and bound by the
Code of Ethics and Practice of the Mediators’ Institute of
Ireland and acting as a shared resource within
Departments, Offices, Local Authorities and Agencies. This
service can be accessed by contacting the Personnel
Officer.

                                                                                                                         Dignity and Respect Statement of Principles and Policy
Dignity and Respect Statement of Principles and Policy

                                                             Houses of the Oireachtas Dignity And Respect Policy
                                                             For Members, Political Parties and the Political Staff

10
                                                             A. Introduction and                                                       n   The Safety, Health and Welfare at Work Act 2005 (as
                                                                                                                                            amended) provides that employers have a duty to
                                                                 Scope of the Policy
                                                                                                                                            prevent any improper conduct or behaviour which
                                                             The Dignity and Respect Statement of Principles applies to                     is likely to put the safety, health and welfare of
                                                             all working in the Parliamentary Workplace.                                    employees at risk. It obliges Members and Political
                                                                                                                                            Parties as employers to ensure that reasonable
                                                             This Dignity and Respect Policy is available to Members
                                                                                                                                            steps are taken to ensure a work environment free
                                                             and Political Parties as employers to adopt to ensure that
                                                                                                                                            of bullying, harassment or sexual harassment. This
                                                             procedures for dealing with any issues arising under the
                                                                                                                                            includes developing an anti-bullying policy, and
                                                             Dignity and Respect Statement of Principles comply with
                                                                                                                                            dealing with established complaints of bullying in
                                                             relevant legal and standard codes of practice.
                                                                                                                                            the workplace. It is recommended that in fulfilling
                                                             As employers, Members and Political Parties have                               these obligations, Members and Political Parties
                                                             particular legal responsibilities to protect their employees                   ensure that they and their staff are fully informed
                                                             from bullying, harassment and sexual harassment.                               of the policy and procedures and arrange to attend
Dignity and Respect Statement of Principles and Policy

                                                             This Dignity and Respect Policy complies with all relevant                     an information seminar on these procedures.
                                                             legislation and Codes of Practice, summarised as follows:1                     Employers are also required to deal with complaints
                                                                 n   The Employment Equality Acts 1998 to 2015                              as a priority issue.
                                                                     place an obligation on all employers in Ireland                    n   The Employment Equality Act 1998 (Code of Practice)
                                                                     to prevent harassment and sexual harassment                            (Harassment) Order 2012 (S.I. No. 208 of 2012)
                                                                     in the workplace. Harassment on any of the                             contains a number of obligations for employers,
                                                                     following grounds – gender, civil status, family                       such as ensuring that policies and procedures are
                                                                     status, sexual orientation, religion, age, disability,                 in place and are accessible to staff and ensuring
                                                                     race or membership of the Traveller Community – is                     that natural justice and impartiality are adhered to
                                                                     a form of discrimination in relation to conditions of                  during investigations. It also sets out an obligation
                                                                     employment.                                                            for employers to take reasonably practicable steps
                                                                                                                                            to prevent bullying, harassment or sexual
                                                                                                                                            harassment in the workplace, to reverse the effects
                                                                                                                                            of it, and to take reasonable steps to prevent its
                                                                                                                                            recurrence.

                                                             1   Up to and including September 2018. While care has been taken in
                                                                 the production of this document, those intending to use the template
                                                                 should make themselves fully aware of the legal requirement and the
                                                                 meaning of the clauses, and where necessary take specialist advice.
Dignity and Respect Statement of Principles and Policy

The resolution procedures of the Dignity and Respect
                                                                Respondent                    Policy to be applied
Policy, once adopted by a Member or Political Party,
                                                                Complaint against a           Dignity and Respect
apply to staff of the Member or Political Party who work
                                                                Member of the Houses of       Policy
in the Parliamentary Workplace. The Parliamentary               the Oireachtas or Political
Workplace includes Leinster House and its environs,             Staff member

constituency offices, meetings, conferences, training           Complaint against staff of    Dignity at Work 2015
                                                                                                                                 11
events, official travel, and work-related social occasions      the Oireachtas Service

provided there is a sufficient link with the work of the        Complaint against a           The Policy of the
Member and his/her employees.                                   non-employee such as a        Employer of the
                                                                contractor/political          contractor/
                                                                correspondent                 political correspondent
Staff employed by a Member or Political Party
(“Political Staff ”) for the purposes of this policy
                                                               Issues relating to security in Leinster House should
include   typical   workers   (i.e.   full-time   employees)
                                                               be notified to the Superintendent of the Houses,
and atypical workers including part-time workers,
                                                               or the Head Usher. Criminal allegations should be reported
temporary workers, fixed-term workers, casual and
                                                               to An Garda Síochána.
seasonal workers. Provisions in this policy which refer
to an “employee” shall also apply, where the context
requires, to any person working with the Member as listed
                                                               B.     Objectives of the Policy
above.
                                                               Everyone in the Houses of the Oireachtas strongly supports
The procedures of the Civil Service Dignity at Work

                                                                                                                                 Dignity and Respect Statement of Principles and Policy
                                                               a culture of dignity and respect in the Parliamentary
Policy 2015 continue to apply to the conduct of staff          Workplace, in which bullying, harassment and sexual
of the Oireachtas Service.                                     harassment are totally unacceptable forms of behaviour.
                                                               Members and Political Parties, in adopting this Policy,
There are many employers in the Parliamentary Community
                                                               confirm their commitment to encouraging and maintaining
and each employer is obliged to have a policy to deal with
                                                               a positive and welcoming working environment in which
established complaints of bullying in the workplace. All
                                                               all those working within the Parliamentary Community are
complaints will be dealt with under the policy that applies
                                                               treated with equality, dignity and respect.
to the subject of the complaint (“the Respondent”). Where
a complaint is against a non-employee, such as a contractor    No bullying, harassment or sexual harassment will be
or political correspondent, the complaint should be made       tolerated in the Parliamentary Workplace. In accordance
to the Respondent’s employer. The complaint should also        with these values, the Member or Political Party expects
be notified to the employer of the person making the           that all employees will conduct themselves with normal
complaint (“the Complainant”) as the employer has a duty       standards of courtesy and consideration in the workplace,
to their own staff to provide a safe working environment.      at work-related events, and when undertaking business on
Bullying, harassment or sexual harassment by non-              behalf of the Member.
employees may result in suspension/non-renewal of
services, exclusion from the premises or the imposition of
other appropriate sanctions or referral to other appropriate
bodies.
Dignity and Respect Statement of Principles and Policy

                                                             Complaints of bullying, harassment or sexual harassment        C.        Definitions and Interpretation
                                                             will be dealt with under this policy in a formal or informal
                                                                                                                            The definitions and the types of behaviours that constitute
                                                             manner, or by alternative means, as described below.
                                                                                                                            bullying, harassment and sexual harassment are set out in
                                                             Complaints of bullying, harassment or sexual harassment        legislation and are also available on the Health and Safety
12                                                           will be treated with fairness, sensitivity and (as far         Authority website. They are copied below for ease of use of
                                                             as possible) confidentiality for all parties concerned.        this policy.
                                                             Any person accused of bullying, harassment or sexual
                                                             harassment will be afforded natural justice and treated
                                                                                                                            1.       Bullying
                                                             with fairness and sensitivity.
                                                                                                                            Bullying at work is defined as repeated inappropriate
                                                             Everyone carries a personal responsibility for their           behaviour, direct or indirect, whether verbal, physical or
                                                             own behaviour and for ensuring that their conduct              otherwise, conducted by one or more persons against
                                                             is in accordance with the Dignity and Respect Statement of     another or others, at the place of work and/or in the course
                                                             Principles and Policy. In addition, each person has            of employment, which could reasonably be regarded as
                                                             a responsibility to report any instance of bullying,           undermining the individual’s right to dignity at work.
                                                             harassment or sexual harassment that they witness or that
                                                             comes to their attention.                                      An isolated incident of the type of behaviour contemplated
                                                                                                                            by this definition may be an affront to dignity, but as a
                                                             The Member or Political Party is committed to ensuring         once-off incident, it is not considered to be bullying.
                                                             that all employees or other persons in the workplace are
Dignity and Respect Statement of Principles and Policy

                                                             aware of the procedures for making complaints under this       A key characteristic of bullying is that it usually takes place

                                                             policy and that no individual should feel threatened or        over a period of time. It is regular and persistent

                                                             fearful of raising such issues in the work environment.        inappropriate behaviour which is specifically targeted
                                                                                                                            at one employee or a group of employees. It may be
                                                                                                                            perpetrated by someone in a position of authority, by
                                                                                                                            employees against a more senior member of staff, or
                                                                                                                            by employees at the same level.

                                                                                                                            The following is a non-exhaustive list of examples of types
                                                                                                                            of behaviour that may constitute bullying:
                                                                                                                                 n    Verbal: personal insults, demeaning remarks,
                                                                                                                                      regular humiliation, often in front of others,
                                                                                                                                      nicknames, ridicule, threats;
                                                                                                                                 n    Non-verbal or indirect: exclusion with negative
                                                                                                                                      consequences,     hostile       attitude,   spreading
                                                                                                                                      malicious rumours;
Dignity and Respect Statement of Principles and Policy

     n   Abuse      of   power:    regular,     excessive      and    The following is a non-exhaustive list of examples of types
         inappropriate       criticism,      deliberately      and    of behaviour that may constitute harassment:
         maliciously withholding work-related information                  n    Verbal harassment: jokes, comments, ridicule
         in order to undermine a colleague, repeatedly                          or songs;
         manipulating a person’s job content and targets
                                                                           n    Written harassment: emails, text messages,
         without due cause;                                                                                                               13
                                                                                notices, or comments on social media;
     n   Physical:       aggressive       behaviour,       physical
                                                                           n    Physical harassment: jostling, shoving, or any form
         intimidation, unwelcome physical contact up to and
                                                                                of assault;
         including assault;
                                                                           n    Intimidating harassment: gestures, posturing
     n   Communication        technology:      insulting     texts,
                                                                                or threatening poses;
         emails, derogatory comments on social media.
                                                                           n    Visual displays such as posters, emblems
                                                                                or badges;
2.       Harassment                                                        n    Isolation or exclusion from social activities.
Harassment is any form of conduct or behaviour which
is unwanted, unwelcome, and is intimidating, offensive,
                                                                      3.       Sexual Harassment
hostile or degrading to the recipient and which has the
purpose or effect of violating a person’s dignity on any one          Sexual harassment is any form of unwanted verbal, non-

of the following grounds:                                             verbal or physical conduct of a sexual nature which has the
                                                                      purpose or effect of violating a person’s dignity and/or

                                                                                                                                          Dignity and Respect Statement of Principles and Policy
     n   Gender
                                                                      creating an intimidating, hostile, degrading, humiliating or
     n   Civil Status
                                                                      offensive environment for the person.
     n   Family Status
                                                                      Sexual harassment may consist of a single incident,
     n   Sexual Orientation
                                                                      or repeated inappropriate behaviour.
     n   Religion
     n   Disability                                                   The following is a non-exhaustive list of examples of types
                                                                      of behaviour that may constitute sexual harassment:
     n   Age
                                                                           n    Physical conduct of a sexual nature: unwanted
     n   Race
                                                                                physical conduct such as unnecessary touching,
     n   Membership of the Travelling Community.
                                                                                patting     or   pinching   or   brushing   against
Harassment may be targeted at one employee or a group of                        an employee’s body, assault, and coercive
employees.       Harassment     may       consist   of   repeated               sexual intercourse.
inappropriate behaviour or, unlike bullying, could involve                 n    Verbal conduct of a sexual nature: unwelcome
one isolated or single incident. Harassment includes                            sexual advances, propositions or pressure for
situations where the victim does not fall under the relevant                    sexual activity, continued suggestions for social
ground, but the harasser believes that the victim has that                      activity outside the work place after it has been
characteristic.                                                                 made clear that such suggestions are unwelcome,
                                                                                unwelcome or offensive flirtations, suggestive
                                                                                remarks, innuendos, or lewd comments.
Dignity and Respect Statement of Principles and Policy

                                                                  n    Gender-based     conduct:    including       conduct   7.    Statutory Redress
                                                                       that denigrates or ridicules or is intimidating
                                                                                                                              This policy is in compliance with the relevant legislation and
                                                                       or physically abusive of an employee because of
                                                                                                                              Codes of Practice and is designed to support employees in
                                                                       his or her sex such as derogatory or degrading
                                                                                                                              the resolution of complaints of bullying, harassment or
                                                                       abuse or insults which are gender-related.
                                                                                                                              sexual harassment. However, it does not prevent
14
                                                                                                                              employees from exercising statutory entitlements under
                                                             4.       Intention                                               the Industrial Relations Acts 1946 to 2015, or the
                                                                                                                              Employment Equality Acts 1998 to 2015.
                                                             Bullying and harassment and sexual harassment are
                                                             defined by the impact of the behaviour on the recipient          Complaints under the Employment Equality Act must
                                                             rather than the intention of the perpetrator. The effect of      normally be brought within 6 months of the most recent
                                                             the behaviour on the employee concerned is the relevant          act of discrimination. If a complaint is referred to the
                                                             consideration, not the intention of the perpetrator. It is up    Workplace Relations Commission (WRC) it will be assigned
                                                             to the employee to decide what behaviour is unwelcome            to an Adjudication Officer who will investigate the
                                                             irrespective of the attitude of others to the matter.            complaint by reference to the specific legislation.

                                                                                                                              Contact details for the Workplace Relations Commission
                                                             5.       Management of Performance                               are as follows:
                                                             It is the responsibility of managers and employers
                                                                                                                              Adjudication Service
                                                             to manage performance effectively to achieve goals.
                                                                                                                              Workplace Relations Commission,
Dignity and Respect Statement of Principles and Policy

                                                             Reasonable and essential discipline arising from the good
                                                                                                                              Lansdowne House
                                                             management of an employee’s performance at work does
                                                                                                                              Lansdowne Road
                                                             not amount to bullying or harassment. Fair, honest, and
                                                                                                                              Dublin 4
                                                             constructive criticism of an employee’s performance,
                                                                                                                              D04 A3A8
                                                             conduct or attendance imparted in a reasonable manner
                                                                                                                              Tel: 01 6313380
                                                             does not constitute bullying or harassment.

                                                             6.       General Disputes
                                                             It is acknowledged that occasionally there may be disputes
                                                             or disagreements between people working together
                                                             which, although they can evoke strong feelings and result
                                                             in a difficult working environment, may not match the
                                                             definitions of bullying, harassment or sexual harassment
                                                             as outlined above. While these disputes do not fall within
                                                             the parameters of this policy, parties may seek to resolve
                                                             issues by using mediation or facilitation.
Dignity and Respect Statement of Principles and Policy

D.       Dignity and Respect Helpline                            E. Support and Assistance
The Dignity and Respect Helpline is the Designated Contact           from the Workplace
Person for anyone who has a concern under the Dignity                Support Programme
and Respect Policy. The Dignity and Respect Helpline is          Given     the    often     personal        nature   of   bullying,
available to advise on:                                          harassment or sexual harassment, it is fully recognised              15
     n   The policy applicable to a Complainant;                 that individuals may wish to discuss concerns in total
     n   The behaviours that can constitute bullying,            confidence in a safe environment, and with someone
         harassment and sexual harassment. A Helpline            who is not involved in the situation.
         advisor    will   use    the   Self-Audit   Checklist
                                                                 An   independent         service,    the    Workplace    Support
         (at Appendix A) as a tool for the Complainant
                                                                 Programme, provided by Inspire Workplaces, provides a
         to consider;
                                                                 workplace support programme for Members, their staff,
     n   The supports available to a Complainant, such as        and the staff of Political Parties. The services provided
         the Workplace Support Programme and mediation           under the programme include a secure and confidential
         services; and                                           telephone helpline, telephone and face-to-face counselling
     n   Information on the complaint process and how            sessions to a maximum of 6 counselling sessions per case,
         to contact the Complaint Recipient to initiate          and a dedicated website/online support system providing
         resolution procedures.                                  topical health and well-being information.

Advice provided by the Dignity and Respect Helpline              The Workplace Support Programme offers support and

                                                                                                                                      Dignity and Respect Statement of Principles and Policy
is provided in the strictest confidence.                         assistance in a wide range of circumstances, including
                                                                 instances in which people feel they are suffering stress
The staff employed to operate the Dignity and Respect
                                                                 and/or distress as a result of bullying, harassment
Helpline are appropriately trained and are available to
                                                                 or sexual harassment in the workplace or as a result
provide advice as set out above. Helpline staff have a
                                                                 of a complaint made against them.
listening brief; they do not get involved in any other
way in the complaints procedure and do not act as                Utilising the services of the Workplace Support Programme
an advocate for either party.                                    will support and assist individuals in confidently raising
                                                                 concerns with the Member or person complained of in
Speaking with the Dignity and Respect Helpline is not
                                                                 order to resolve the issue quickly and with a minimum of
the same as making an informal or formal complaint.
                                                                 distress. You can call the confidential helpline any time for
The Dignity and Respect Helpline aims to provide support
                                                                 free, confidential and immediate support at 1800 201 346
and assistance and to ensure that individuals have all the
                                                                 [24/7 365 days a year]. The dedicated website/online
information and advice they need should they wish to
                                                                 support     is   available      at    www.inspirewellbeing.ie/
progress complaints on either an informal or a formal
                                                                 workplaces. Please contact the Members’ HR Unit for login
basis.
                                                                 details and password.
Dignity and Respect Helpline
Tel: 1800 313 638
Email: dignityandrespect@healthassured.co.uk
Dignity and Respect Statement of Principles and Policy

                                                             F.      Resolution Procedures                                 Complaints made under these procedures (whether informal,
                                                                                                                           formal or otherwise), should be raised with the Complaint
                                                             An employee who believes they are being bullied, harassed
                                                                                                                           Recipient as soon as possible but no later than six months
                                                             or sexually harassed should, where possible, indicate
                                                                                                                           after the most recent event(s), unless there are extenuating
                                                             directly to the person complained of that the behaviour in
                                                                                                                           circumstances that can be taken into consideration.
16                                                           question is unacceptable.

                                                             If the employee believes that approach is not acceptable      1. Resolving the Problem
                                                             or has been unsuccessful, they should contact the Dignity
                                                                                                                               with Mediation
                                                             and Respect Helpline for advice on how to seek resolution.
                                                                                                                           Mediation is an alternative method of resolving issues
                                                             Following that, if they wish to make a complaint, they        relating to bullying, harassment and sexual harassment. In
                                                             should contact the Complaint Recipient nominated by the       mediation, the parties seek to arrive at a solution through
                                                             Member or Political Party as their employer. The Member/      mutual agreement, rather than through an investigation or
                                                             Political Party will have nominated a Complaint Recipient     decision. It can be used to achieve early intervention and
                                                             who has had appropriate training and who is familiar with     resolution for any workplace conflict under this policy. Its
                                                             the procedures involved to deal with the complaint on         fundamental objective is to resolve issues speedily and
                                                             behalf of the employer. A nominee may be provided from        confidentially without recourse to formal investigation and
                                                             the Members’ HR Unit to act as Complaint Recipient for        with a minimum of conflict and distress for the parties
                                                             independent Members and small Political Parties. The          involved.
                                                             Dignity and Respect Helpline will have the contact details
Dignity and Respect Statement of Principles and Policy

                                                                                                                           Mediation provides a confidential opportunity for both the
                                                             of the Complaint Recipients for each employer. There may
                                                                                                                           person who feels that they have been bullied, harassed or
                                                             be particular circumstances in which a person can request
                                                                                                                           sexually harassed and the person accused of carrying out this
                                                             to use the Members’ HR Unit as Complaint Recipient to
                                                                                                                           inappropriate behaviour to discuss the matter and to reach
                                                             make a complaint and to draw down external investigation
                                                                                                                           an agreement on their continuing working relationship. It is a
                                                             services, where they can demonstrate that party
                                                                                                                           voluntary and independent process which cannot be imposed
                                                             procedures would be inappropriate for their particular
                                                                                                                           on the parties. It can only take place if both parties agree to
                                                             case.
                                                                                                                           participate and it can end at any stage if either party decides
                                                             The Complaint Recipient will deal with the complaint          to withdraw from the process.
                                                             and initiate resolution procedures e.g. drawing down
                                                                                                                           Mediation is available at every step of the process through
                                                             mediation services through the Members’ HR Unit or
                                                                                                                           an independent mediation service procured by the
                                                             assigning a facilitator or investigator. The Complaint
                                                                                                                           Members’ HR Unit. If both parties agree to resolve the
                                                             Recipient may provide a facilitator or investigator
                                                                                                                           issue   by   mediation,     the   Member/Party/Complaint
                                                             through the Political Party, or where appropriate, draw
                                                                                                                           Recipient will contact the Houses of the Oireachtas
                                                             down such services through the Members’ HR Unit.
                                                                                                                           Members’ HR Unit to arrange the mediation process.
                                                             A complaint may be resolved by:
                                                                                                                           If the mediation process results in an agreement acceptable
                                                                  1. Mediation (available at all stages to the parties),
                                                                                                                           to both parties, the mediator will draw up a written record
                                                                  2. The Informal Resolution Procedure, or                 of the terms of the agreement for signature by both parties.
                                                                  3. The Formal Complaint Procedure.
                                                                                                                           If the matter is resolved by mediation, no further action will
                                                                                                                           be taken.
Dignity and Respect Statement of Principles and Policy

2.    The Informal Resolution Procedure                          Procedure To Be Followed
An employee who believes they are being bullied, harassed        Any facilitator assigned to resolve a complaint informally
or sexually harassed should, where possible, indicate            under this policy will get to the facts, consider the context
directly to the person complained of that the behaviour in       of the complaint and recommend the next course of action
question is unacceptable. If the employee believes that          in dealing with the informal procedure.                           17
this approach is not acceptable or has been unsuccessful,            (a) Where specific examples are given
the employee may then make an informal complaint.
                                                                         If the complaint concerns bullying, harassment or
It is the preferred approach that complaints of bullying,                sexual harassment and includes specific examples
harassment or sexual harassment are dealt with informally                of the behaviour complained of, the person
whenever possible. The informal approach does not                        complained against will be presented with
propose to diminish the issue or the effect on individuals.              the complaint and given a chance to respond.
Rather, the objective of the informal procedure is to allow              After the response is received (or a reasonable
scope for resolving issues quickly, effectively and with a               period as advised by the facilitator has elapsed
minimum of distress to parties.                                          without a response having been received) a
                                                                         method will be agreed to progress the issue to
Informal resolution of a specific bullying allegation
                                                                         resolution so that both parties can return to a
could include, for example, clarification of what bullying is,
                                                                         harmonious working environment without bullying,
agreement to alter verbal style, agreement by the
                                                                         harassment or sexual harassment being a factor.
Respondent that the conduct will not be repeated, or

                                                                                                                                   Dignity and Respect Statement of Principles and Policy
                                                                         If the behaviour complained of does not concern
an explanation to the Complainant of what occurred
                                                                         bullying, harassment or sexual harassment as
from the point of view of the Respondent which
                                                                         defined, an alternative approach will be put
dispels the complaint.
                                                                         in place and a rationale recorded.
It is preferable that an informal complaint is made in writing
                                                                     (b) Where no specific examples are given
but it may also be verbal.
                                                                         If no specific examples are provided, there is
The informal complaint should be made to the Complaint
                                                                         no complaint to be answered under this policy,
Recipient, who will arrange for a facilitator to manage the
                                                                         though other means of protecting or repairing
informal resolution procedure. The Complaint Recipient
                                                                         workplace relationships may be considered by
will also notify the person against whom the complaint is
                                                                         the facilitator to resolve the complaint.
being made (the “Respondent”) of the existence of the
complaint and of the steps being taken to resolve the            The facilitator assigned to resolve the complaint will keep
complaint.                                                       a record of all stages: the complaint, the meetings, the
                                                                 action agreed and the signed records of any agreement
                                                                 reached. The purpose of the records, which will not include
                                                                 detail of discussions, is to provide evidence that the
                                                                 complaint was dealt with in an appropriate manner.

                                                                 All parties will maintain, insofar as possible, the
                                                                 confidentiality   of   the   informal   process.    Breaches
                                                                 of confidentiality will be treated seriously.
Dignity and Respect Statement of Principles and Policy

                                                             Resolution                                                      In all situations the independent investigator will be
                                                                                                                             tasked with carrying out a thorough investigation of the
                                                             The primary aim of using the Informal Resolution Procedure
                                                                                                                             complaint and providing a written report to the Complaint
                                                             is not to determine whether an actual violation of the
                                                                                                                             Recipient.
                                                             Dignity at Work Statement of Principles and Policy has

18                                                           occurred, but rather, in a non-confrontational way, to
                                                                                                                             Investigation Procedure
                                                             attempt to restore a working relationship between the
                                                             parties such that the matter of concern can be resolved         The investigator will conduct the investigation in line with

                                                             to the satisfaction of both parties.                            fair procedures, natural justice and prevailing law.
                                                                                                                             Any investigation conducted under this procedure will
                                                                                                                             be governed by Terms of Reference which will be provided
                                                             3.    The Formal Complaint Procedure
                                                                                                                             to the person making the complaint (the “Complainant”)
                                                             In cases where an employee believes the Informal
                                                                                                                             and the Respondent by the investigator. The Terms of
                                                             Resolution Procedure or Mediation is not a suitable means
                                                                                                                             Reference will include the following provisions at a
                                                             of addressing his or her concern, or where the employee
                                                                                                                             minimum:
                                                             believes that their previous recourse to the Informal
                                                                                                                                n   That    the    investigation   will    be    conducted
                                                             Resolution Procedure or Mediation has been unsatisfactory,
                                                                                                                                    in accordance with this policy;
                                                             the employee may make a formal complaint of bullying,
                                                                                                                                n   An indicative timeframe for the completion
                                                             harassment or sexual harassment.
                                                                                                                                    of the investigation;
                                                             Formal complaints should be made in writing and signed
                                                                                                                                n   The scope of the investigation;
Dignity and Respect Statement of Principles and Policy

                                                             and dated. The complaint should be confined to precise
                                                                                                                                n   That the investigation will take account of the rights
                                                             details of alleged incidents of bullying, harassment or
                                                                                                                                    of the parties including adherence to natural/
                                                             sexual harassment, including the dates of such incidents
                                                                                                                                    constitutional law rights and the principles of fair
                                                             and the names of any witnesses. Failure to provide such an
                                                                                                                                    procedures. In this regard the investigator must
                                                             account of a formal complaint in writing may compromise
                                                                                                                                    consider, depending on the severity of the case
                                                             the ability of the investigator to properly and appropriately
                                                                                                                                    and the prevailing law at the time, whether the
                                                             investigate the complaint on a formal basis.
                                                                                                                                    option of cross-examination of the Complainant
                                                             A Formal Complaint should be made to the Complaint                     should be made available to the Respondent and
                                                             Recipient, who will arrange for an independent investigator            how this would be conducted in the interests of
                                                             to investigate the complaint pursuant to the Formal                    both parties. The investigator will also consider
                                                             Complaint Procedure. The Complaint Recipient will inform               whether legal representation should be allowed
                                                             the person against whom the complaint is being made (the               during the investigation process;
                                                             “Respondent”) of the existence of the complaint and that           n   The format and structure of the meetings and how
                                                             an investigator is to be appointed. A copy of the written              the statements will be recorded and communicated
                                                             complaint received will be provided to the Respondent at               to all parties; and
                                                             this time.
                                                                                                                                n   That     the    investigator    will    be      charged
                                                                                                                                    to investigate whether the complaint, on the
                                                                                                                                    balance of probabilities, has been upheld and
                                                                                                                                    whether it falls within the definition of bullying,
                                                                                                                                    harassment or sexual harassment at work as
                                                                                                                                    defined in this policy.
Dignity and Respect Statement of Principles and Policy

The investigator will provide the Respondent with a copy of                  Conclusion of Investigation
the written complaint and any relevant documents, including
                                                                             The objectives of the investigation will be to ascertain
this policy. The Complainant and the Respondent will also
                                                                             whether or not, on the balance of probabilities:
be informed by the investigator of the aims and objectives
                                                                                 (a) The behaviour complained of occurred and, if so,
of the formal process, procedures and methodology that
will be used, the timeframe involved, and the possible                           (b) Whether    or   not   that   behaviour        amounted    19
outcomes. The Complainant and Respondent will be assured                             to bullying, harassment or sexual harassment

of support as required through the process. Failure by either                        as defined in this policy.

party to co-operate with the investigation will be taken into
                                                                             The investigation will be completed as quickly as
account by the investigator in their findings.
                                                                             practicable, preferably within the indicated time frame.

The investigator will meet with the Complainant and                          The investigator will submit a draft report to the

the Respondent and any witnesses or relevant persons,                        Complainant and the Respondent which will include

with a view to establishing the facts.                                       conclusions. The Complainant and the Respondent will be
                                                                             given an opportunity to make a final written submission on
      n     The Complainant and the Respondent will both
                                                                             the content of the report prior to finalisation. Any
            be entitled to be accompanied by an appropriate
                                                                             observations in the final written submission by the
            representative       –    i.e.     a        colleague,   union
                                                                             Complainant or the Respondent will be considered in the
            representative or family member or in exceptional
                                                                             final report. The final report will be provided to the
            cases, legal representation if agreed by the
                                                                             Complainant, Respondent and the Complaint Recipient
            investigator based on the severity of the case.

                                                                                                                                               Dignity and Respect Statement of Principles and Policy
                                                                             who will arrange for next steps as detailed below.
      n     All meetings with parties and witnesses will be
            conducted sensitively and with due respect to the                Resolution Where the
            rights of all concerned.                                         Respondent is an Employee
      n     The     investigation      will        be     conducted    on    Action Where Complaint is Upheld
            a     confidential    basis,      insofar       as   possible.   If a complaint is upheld, the matter will be treated
            Statements from all parties and witnesses will be                as a disciplinary issue and the employer will follow
            committed to writing. Copies of the record of                    the appropriate disciplinary procedures in line with
            statements will be given to those who make                       fair procedures and natural justice, consistent with
            statements to the investigator and to the parties to             the standards of the WRC Code of Practice for Grievance
            the complaint.                                                   and Disciplinary Procedures (Code of Practice 5, August

All       parties    will    maintain,        insofar       as   possible,   2006), which appends S.I. 146 of 2000 – Industrial

the        confidentiality       of    the         process.      Breaches    Relations Act 1990 Code of Practice on Grievance and

of confidentiality will be treated seriously.                                Disciplinary Procedures (Declaration) Order 2000. The
                                                                             Disciplinary Procedures followed by the employer should
During the Investigation                                                     include a mechanism for the Respondent to appeal the
                                                                             outcome of an investigation and any sanctions proposed
All parties will continue to work normally during
                                                                             by the employer under the Disciplinary Procedures.
the investigation unless directed otherwise. The employer
will make every effort to ensure the protection of all those                 The employer may also take other appropriate action
involved in the investigation.                                               to support and protect the Complainant and/or to ensure
                                                                             that similar situations do not arise in the future.
The parties to the complaint should not communicate
regarding the complaint.
Dignity and Respect Statement of Principles and Policy

                                                             Action Where Complaint is Not Upheld                            The role of the External Adjudication Panel will be to:
                                                             If the complaint is not upheld but the Complainant is found        1. Consider any appeal by the Respondent, focusing
                                                             to have acted in good faith, the employer may                          on the aspect of the case cited by the appellant as
                                                             take measures to support both the Complainant and                      being the subject of the appeal, seeking
                                                             the Respondent. This will include the making of appropriate            submissions from the complainant and respondent.
20
                                                             efforts to ensure that those with knowledge of the                 2. Review the investigation procedure and determine
                                                             complaint are made aware of the finding that it was not                whether:
                                                             upheld.
                                                                                                                                        n   The provisions of the Dignity and Respect
                                                             Where a complaint is not upheld and is found not to have                       Policy were followed.
                                                             been made in good faith, the Complainant may be the                        n   That    fair   procedures    were      applied
                                                             subject of disciplinary action. The employer may follow                        throughout the investigation process.
                                                             the appropriate disciplinary procedures in line with fair                  n   All relevant facts were ascertained.
                                                             procedures and natural justice and consistent with the
                                                                                                                                        n   All relevant facts were considered in a
                                                             standards of the WRC Code of Practice for Grievance and
                                                                                                                                            reasonable manner.
                                                             Disciplinary Procedures (Code of Practice 5, August 2006).
                                                                                                                                        n   If there are any mitigating factors that
                                                             Where the Complainant is dissatisfied with the outcome of                      should be considered.
                                                             the findings of the investigation, it is open to them to
                                                                                                                                3. Review all documentation received, meeting the
                                                             appeal the matter to the Workplace Relations Commission
                                                                                                                                    relevant parties, reporting on their conclusions
Dignity and Respect Statement of Principles and Policy

                                                             or the High Court.
                                                                                                                                    and making recommendations on sanctions if the

                                                             Resolution Where the Respondent                                        complaint is upheld.
                                                             is a Member of the Houses of the Oireachtas                        4. The External Adjudication Panel can give examples
                                                             Action Where Complaint is Upheld (External Adjudication                of specific sanctions that they recommend be
                                                             Panel)                                                                 applied to the Member, including the issuing of a
                                                                                                                                    formal apology, attendance at compulsory training,
                                                             Following the investigation of a complaint under the formal
                                                                                                                                    or having it made public that a finding was made
                                                             complaint procedures, the Respondent can appeal either
                                                                                                                                    against a Member (with consent of Complainant).
                                                             (1) the investigation procedure and / or (2) the findings of
                                                             the investigation where a complaint has been upheld             The final report of the External Adjudication Panel will then
                                                             against them. Any appeal to the investigation findings          be provided to the Complaint Recipient to facilitate the
                                                             shall be made in writing to the Complaint Recipient, citing     implementation of the sanction. In the case of a member of
                                                             the specific grounds of appeal, and shall be made no later      a political party, the Complaint Recipient will provide this
                                                             than 10 days from the date of receipt of the Investigation      report to the Member, the Complainant and to the Party
                                                             Report.                                                         Whip to progress implementation of the recommended
                                                                                                                             sanctions and to the Chair of the Commission who will also
                                                             Following a period of 10 days from the date of receipt of the
                                                                                                                             be notified when the decision has been implemented. In
                                                             Investigation Report, whether an appeal has been lodged
                                                                                                                             the case of an Independent Member, the Complaint
                                                             or not, the Complaint Recipient will refer the matter to the
                                                                                                                             Recipient will provide this report to the Member and the
                                                             External Adjudication Panel. The Complaint Recipient will
                                                                                                                             Complainant for implementation of the recommended
                                                             forward a copy of the Final Report of the Investigator, a
                                                                                                                             sanctions and to the Chair of the Commission who will also
                                                             copy of any appeal made by the Respondent and any other
                                                                                                                             be notified when the decision has been implemented.
                                                             relevant documentation to the External Adjudication Panel.
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