Finian McGrath (Dublin North Central, Independent)
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To ask the Minister for Jobs, Enterprise and Innovation the options or advice for workers who are being bullied in their employment and where management do not act. [53920/12]

Richard Bruton (Dublin North Central, Fine Gael)
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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. Equally, the 2005 Act also places obligations on 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 relation to the specific issue of bullying in the workplace, the Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work 2007, published by the Health and Safety Authority (HSA), which operates under the auspices of my Department, is aimed at preventing and dealing with bullying where it happens in Irish workplaces. It is a “Code” for both employers and employees and is available to download from the HSA’s website at www.hsa.ie. A significant element of the Code places an emphasis on the resolution of incidents of alleged bullying using an informal process and professional mediation services. The Code also 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.

The role of the HSA under the Code is to monitor if employers and employees are meeting their obligations and duty of care under the 2005 Act. In this regard, if an employer refuses to carry out an investigation into an allegation of bullying for no reasonable reason, the HSA may ask the employer to carry out such an investigation, or, depending on the case, may request that some other form of safety, health and welfare control mechanism is put in place. Where an employee is dissatisfied with the outcome of the internal procedures there are options available to have the dispute referred to an outside forum, such as the Labour Relations Commission (LRC) who can provide a mediation service on request where both parties are willing to engage. Such mediation is a voluntary, confidential process that allows two or more disputing parties to resolve their conflict in a mutually agreeable way with the help of a neutral third party. The service is provided free to the parties.

The employee also has the option to take a complaint to the Rights Commissioner Service under the Industrial Relations Acts. Prior to the complaint being heard by a Rights Commissioner, however, it is possible that the case may be considered suitable for intervention by the recently established Early Resolution Service (ERS). The ERS is a conciliation/mediation type service of the Workplace Relations Customer Service which is provided by Case Resolution Officers (CROs). The ERS provides a prompt intervention which will initially involve contacting the parties, or their representatives, to secure their agreement to participate on a voluntary basis in early resolution. Using telephone and email communication the CROs will explore possible avenues of settlement in a non-prejudicial fashion.

Where the complaint proceeds to a full hearing by a Rights Commissioner under the Industrial Relations Acts, the Commissioner’s recommendation will not be legally binding and can ultimately be appealed by either party to the Labour Court. The Workplace Relations Customer Service provides information to parties on how to bring a case before its services. It is, therefore, open to a person (or persons) who claims that he/she is being bullied in the workplace to seek advice from the Health and Safety Authority in terms of their entitlements to work in a safe workplace, and/or to pursue a formal bullying complaint through the industrial relations services of the Department.