Noel Ahern (Dublin North West, Fianna Fail)
Link to this: Individually | In context

Question 94: To ask the Minister for Finance the position regarding bullying in the wider public service; if complaints of bullying must be against a named person or if cases can be taken against a bullying culture in an organisation; and if he will make a statement on the matter. [7366/10]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
Link to this: Individually | In context

It is Civil Service policy that every employee has the right to carry out her or his duties free from any form of harassment, sexual harassment or bullying. Harassment, sexual harassment or bullying are totally unacceptable forms of behaviour, are in many instances illegal, in breach of Civil Service policy and will not be tolerated in the Service. Such behaviour harms professional working relationships, undermines morale and damages efficiency in the workplace. The Civil Service is committed to the development and maintenance of a positive working environment. An essential component of a positive working environment is treating colleagues with respect and dignity.

The policy for the Civil Service is entitled "A Positive Working Environment - An Anti Harassment, Sexual Harassment and Bullying Policy for the Civil Service" and it is available on the Department of Finance website www.finance.gov.ie. Part II of the policy sets out the procedures for dealing with complaints of bullying and harassment. The policy emphasises the need for all reasonable efforts to be made by local management to deal with complaints without outside intervention. The policy also outlines the mediation process as a preferred alternative to a formal investigation where both parties agree to participate. Finally, the policy sets out the procedures to be followed where a decision is made to proceed to a formal investigation. In the Civil Service, it is envisaged that the majority of complaints should be resolved through informal procedures and mediation with only a very small proportion of complaints proceeding to a formal investigation and that all staff should cooperate in ensuring its successful implementation.

More generally, under the Safety, Health and Welfare at Work Act 2005 every employer has a duty 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 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. Employees also have a duty not to engage in improper behaviour which would endanger themselves or other employees.

The Health and Safety Authority works to ensure that workplace bullying is not tolerated and that employers have policies in place for dealing with bullying at work. The Authority provides information and advice on bullying and is responsible for the Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work. This Code 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.

Employers must take reasonable steps to prevent bullying in the workplace and should put in place anti-bullying policies and established procedures for dealing with complaints of bullying in the workplace. Employers should deal with complaints immediately. The Labour Relations Commission has published a Code of Practice detailing Procedures for Addressing Bullying in the Workplace.

In addition, the Employment Equality Acts 1998 and 2004, which apply generally to employments in Ireland and of course the public service, deal with harassment and sexual harassment in the workplace or in the course of employment. The Acts place a responsibility on employers to ensure that harassment or sexual harassment will not be tolerated where perpetrated by the employer, employee, client or business customer.

Employers are compelled to take such steps as are reasonably practicable to ensure a work environment free of harassment or sexual harassment. The legislation also provides that different treatment of a person because of harassment or sexual harassment, whether in the workplace, in the course of employment or outside of the workplace, constitutes discrimination.

A person who considers she or he has been discriminated against under the Act (such as being subject to harassment or sexual harassment) may seek support from the Equality Authority to take a case under the Act against her or his employer. A person may also refer a case directly to the Director of the Equality Tribunal appointed by the Minister for Justice, Equality and Law Reform. The Director will investigate each case (except those resolved by mediation) submitted to her or him and will issue a decision. The decision is binding and enforceable through the Circuit Court.