Billy Kelleher (Cork North Central, Fianna Fail)
Link to this: Individually | In context

Every employer has a duty under the Safety, Health and Welfare at Work Act 2005, to ensure, so far as is reasonably practicable, the safety, health and welfare of their employees and to manage and conduct work activities in such a way so as to prevent, as far as is reasonably practicable, any improper conduct or behaviour likely to put the safety, health and welfare at work of their employees at risk.

The 2005 Act also applies to employees in relation to their duties not to engage in improper conduct or behaviour likely to endanger their own safety, health and welfare at work or that of any other person.

In April 2007, a revised Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work was published. The Code, which became effective on 1 May 2007, provides practical guidance for employers and employees on identifying and preventing bullying at work arising from their duties under the 2005 Act.

A significant element of the Code places an emphasis on the resolution of incidents of bullying using an informal process and professional mediation services. The Code reflects the legal requirement that employers carry out a risk assessment, and where bullying is identified as a hazard, they ensure that it is included in the safety statement.

Where a case of bullying arises and if internal processes fail, the Code states that an appeal should be referred to the Rights Commissioner Service of the Labour Relations Commission under the Industrial Relations Acts. If the recommendation of the Rights Commissioner is not acceptable, an appeal may be made to the Labour Court.

There is nothing preventing any party from pursuing a case through the Law Courts if they so wish. In light of this and having regard to the procedures in place, no regulations along the lines suggested are considered necessary.