Code of Practice 6. Labour Relations Commission Procedures for Addressing Bullying in the Workplace

Transcription

1 Code of Practice 6 Labour Reations Commission Procedures for Addressing Buying in the Workpace

2 Procedures for Addressing Buying in the Workpace 1. INTRODUCTION 1. Section 42 of the Industria Reations Act 1990 provides, inter aia, for the preparation of draft Codes of Practice by the Labour Reations Commission for submission to the Minister and for the making by the Minister of an order decaring that the code received under Section 42 and schedued to the order sha be a Code of Practice for the purposes of the said Act. 2. In September 1999, the Minister for Labour Affairs, Mr Tom Kitt T.D. estabished the Task Force on the Prevention of Workpace Buying. In March 2001 the Task Force issued its report entited Dignity at Work the Chaenge of Workpace Buying. In ine with a recommendation of the report the Labour Reations Commission has prepared this code of Practice on Workpace Buying. 3. In accordance with the provisions of the egisation, when preparing this Code of Practice the Commission consuted with representative organisations incuding the Irish Congress of Trade Unions, the Irish Business and Empoyers Confederation, Equaity Authority, Empoyment Appeas Tribuna, Labour Court, Heath and Safety Authority and a number of Government Departments. The Commission has taken account of the views expressed by these organisations to the maximum extent possibe. The Commission has aso consuted with the Impementation Advisory Committee on the Prevention of Workpace Buying. 4. Other reevant Codes of Practice have been made under the Safety, Heath and Wefare at Work Act 1989 (Code of Practice on the Prevention of Buying) and under the Empoyment Equaity Act 1998 (Code of Practice on Sexua Harassment and Harassment at Work). 2. DEFINITION 5. For the purpose of this Code of Practice the definition of workpace buying is as foows: Workpace Buying is repeated inappropriate behaviour, direct or indirect, whether verba, physica or otherwise, conducted by one or more persons against another or others, at the pace of work and/or in the course of empoyment, which coud reasonaby be regarded as undermining the individua s right to dignity at work. An isoated incident of the behaviour described in this definition may be an affront to dignity at work but, as a once off incident, is not considered to be buying. 1 Genera Provisions 6. The main purpose of this Code of Practice is to set out, for the guidance of empoyers, empoyees and their representatives, effective procedures for addressing aegations of workpace buying. The Code sets out both an informa and forma procedure. 1 Recommended by the Report by the Task Force on the Prevention of Workpace Buying pubished by the Stationery Office, March 2001

3 3. PROCEDURES 7. Informa Procedure Whie in no way diminishing the issue or the effects on individuas, an informa approach can often resove matters. As a genera rue therefore, an attempt shoud be made to address an aegation of buying as informay as possibe by means of an agreed informa procedure. The objective of this approach is to resove the difficuty with the minimum of confict and stress for the individuas invoved. a) Any empoyee who beieves he or she is being buied shoud expain ceary to the aeged perpetrator(s) that the behaviour in question is unacceptabe. In circumstances where the compainant finds it difficut to approach the aeged perpetrator(s) directy, he or she shoud seek hep and advice, on a stricty confidentia basis, from a contact person. A contact person coud, for exampe, be one of the foowing: a work coeague a supervisor or ine manager any manager in the workpace human resource/personne officer empoyee/trade union representative. In this situation the contact person shoud isten patienty, be supportive and discuss the various options open to the empoyee concerned. b) Having consuted with the contact person, the compainant may request the assistance of the contact person in raising the issue with the aeged perpetrator(s). In this situation the approach of the contact person shoud be by way of a confidentia, non-confrontationa discussion with a view to resoving the issue in an informa ow-key manner. c) A compainant may decide, for whatever reason, to bypass the informa procedure. Choosing not to use the informa procedure shoud not refect negativey on a compainant in the forma procedure. 8. Forma Procedure If an informa approach is inappropriate or if after the informa stage, the buying persists, the foowing forma procedures shoud be invoked: a) The compainant shoud make a forma compaint in writing to his/her immediate supervisor, or if preferred, any member of management. The compaint shoud be confined to precise detais of actua incidents of buying. b) The aeged perpetrator(s) shoud be notified in writing that an aegation of buying has been made against them. They shoud be given a copy of the compainant s statement and advised that they sha be afforded a fair opportunity to respond to the aegation(s).

4 c) The compaint shoud be subject to an initia examination by a designated member of management, who can be considered impartia, with a view to determining an appropriate course of action. An appropriate course of action at this stage, for exampe, coud be exporing a mediated soution or a view that the issue can be resoved informay. Shoud either of these approaches be deemed inappropriate or inconcusive, a forma investigation of the compaint shoud take pace with a view to determining the facts and the credibiity or otherwise of the aegation(s). Investigation d) The investigation shoud be conducted by either a designated member or members of management or, if deemed appropriate, an agreed third party. The investigation shoud be conducted thoroughy, objectivey, with sensitivity, utmost confidentiaity, and with due respect for the rights of both the compainant and the aeged perpetrator(s). e) The investigation shoud be governed by terms of reference, preferaby agreed between the parties in advance. f) The investigator(s) shoud meet with the compainant and aeged perpetrator(s) and any witnesses or reevant persons on an individua confidentia basis with a view to estabishing the facts surrounding the aegation(s). Both the compainant and aeged perpetrator(s) may be accompanied by a work coeague or empoyee/trade union representative if so desired. g) Every effort shoud be made to carry out and compete the investigation as quicky as possibe and preferaby within an agreed timeframe. On competion of the investigation, the investigator(s) shoud submit a written report to management containing the findings of the investigation. h) Both parties shoud be given the opportunity to comment on the findings before any action is decided upon by management. i) The compainant and the aeged perpetrator(s) shoud be informed in writing of the findings of the investigation. Outcome j) Shoud management decide that the compaint is we founded, the aeged perpetrator(s) shoud be given a forma interview to determine an appropriate course of action. Such action coud, for exampe, invove counseing and/or monitoring or progressing the issue through the discipinary and grievance procedure of the empoyment. 2 k) If either party is unhappy with the outcome of the investigation, the issue may be processed through the norma industria reations mechanisms. 2 See the Labour Reations Commission s Codes of Practice on - Grievance and Discipinary Procedures and - Vountary Dispute Resoution.

5 4. Confidentiaity: 9. A individuas invoved in the procedures referred to above shoud maintain absoute confidentiaity on the subject. 5. Training/Awareness: 10. It is considered that a personne who have a roe in either the informa or forma procedure e.g. designated members of management, worker representatives, union representatives etc shoud be made aware of appropriate poicies and procedures which shoud, if possibe, incude appropriate training.

6 Code of Practice 6 APPENDIX I S.I. No. 17 of 2002 Industria Reations Act 1990 Code of Practice detaiing Procedures for Addressing Buying in the Workpace (Decaration) Order 2002 WHEREAS the Labour Reations Commission has prepared, under subsection (1) of section 42 of the Industria Reations Act 1990 (No. 19 of 1990), a draft Code of Practice detaiing procedures for addressing buying in the workpace; AND WHEREAS the Labour Reations Commission has compied with subsection (2) of that section and has submitted the draft Code of Practice to the Minister for Enterprise, Trade and Empoyment; NOW THEREFORE, I, Mary Harney, Minister for Enterprise, Trade and Empoyment, in exercise of the powers conferred on me by subsection (3) of that section, the Labour (Transfer of Departmenta Administration and Ministeria Functions) Order 1993 (S. I. No. 18 of 1993), and the Enterprise and Empoyment (Ateration of Name of Department and Tite of Minister) Order 1997 (S.I. No. 305 of 1997), hereby order as foows: 1. This Order may be cited as the Industria Reations Act 1990 (Code of Practice detaiing Procedures for Addressing Buying in the Workpace) (Decaration) Order It is hereby decared that the Code of Practice set out in the Schedue to this Order sha be a Code of Practice for the purposes of the Industria Reations Act 1990 (No. 19 of 1990). GIVEN under my Officia Sea 25 January Mary Harney Minister for Enterprise, Trade and Empoyment Expanatory Note (This note is not part of the Instrument and does not purport to be a ega interpretation.) The effect of this Order is to decare that the Code of Practice set out in the Schedue to this Order is a Code of Practice for the purposes of the Industria Reations Act August 06