Legislation recommended to reduce bullying at work

Legislation should be brought forward to deal with increased bullying in the workplace, says an expert advisory group report which was published today.

The group, which was established 12 months ago to advise and report to the Minister for Labour Affairs, found that workplace bullying is growing, although whether this is due to a rise in incidents or an increasing awareness of the unacceptability of bullying behaviour is not clear.

The report reveals that existing measures to tackle the problem are insufficient and that strong action on the part of employers and the State is required.

The group has recommended that new legislation be implemented that would ensure that procedures for dealing with incidents of bullying in the workplace be made a mandatory requirement in the safety statements of all employers. It also advised that complaints be referred to the Labour Relations Commission and a Rights Commissioner for a final decision in situations where it is not possible to resolve complaints through an employer's normal dispute resolution procedures.

The advisory group said that any legislation introduced should apply to all employees in the workforce, irrespective of employment status. Furthermore, it said that its recommendations were not designed to replace existing procedures whereby people, can bring a case for constructive dismissal to the Employment Appeals Tribunal citing bullying as a contributory factor.

A study commissioned for the 2001 expert advisory group's report found that 7 percent of people claimed to have experienced bullying at the workplace, equivalent to 115,000 individuals.

In related news, the Labour Party has said that continued reports of bullying within the Defence Forces highlights the need to appoint an Ombudsman for the Defence Forces as early as possible.

Senator Joanna Tuffy said that while steps were being taken, the disclosure that two members of the Defence forces have been found guilty of bullying and that others are under investigation clearly indicates that a problem still exists.

"In an organisation like the Defence Forces with a command structure, where the person doing the bullying may be your immediate superior, it is essential that there be an independent person to whom a complaint can be made," commented Tuffy.

"This was part of the idea behind the proposed appointment of an Ombudsman for the Defence Forces, however the government has failed to treat the matter with the urgency required."

The Bill providing for the appointment of an Ombudsman was originally published in January 2002 but only concluded its passage through the Oireachtas in November 2004. However, the position has not yet even been advertised and there is still no indication as to when it will be filled.

"If the government is serious about ending all traces of bullying in the Defence Forces then the most urgent action it could take is to ensure the appointment of the Ombudsman for the Defence Forces," added Tuffy.