Unfortunately I have had experience of a real bullying case. Legal remedies are virtually impossible under Irish law. There is unfair/ constructive dismissal legislation, but bullying per se is not illegal. A senior barrister told me that 'employers will rather admit to rape than to bullying' so don't assume that alleging bullying is an easy way for the employee to make a quick buck.
It's not as black and white as that. The Safety, Health and Welfare at Work Act, 2005 has a duty on the employer to prevent "inapropriate behaviour" and employees must not engage in "inappropriate behaviour". Given the accepted definition of bullying includes reference to "inappropriate behaviour" there is a clear legislative link to prevent and not be involved in bullying. The HSA's most recent Code on Bullying would further qualify this link.
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Agreed - but these are all guidelines. When it comes to court action the legislation (with teeth) is not there, and there are a myriad ways for the employer to wriggle out of it. The bullied employee is always, always the one at a disadvantage, unless the bullying is covered by one of the discrimination grounds. The legal advice is generally to avoid court action.
If I was in the OP's circumstances, I think I'd be seeking clarification on the rationale for awarding an ex-gratia payment rather than tackling the accusation. I'd also seek assurances that the payment was not a tacit acceptance that there was a case against me to answer and that my standing within the compnay would not be affected. I'd look for this in writing.
I accept that the company may have been averse to possible negative publicity but it shows scant consideration and protection for the remaining employees (i.e. the OP).
Looks like the case will be going to court. the accuser has rejected the offer saying it was too little and asked for a larger payment.
Just to clarify, 2 employees left my team in the past year, and both sent me an email on leaving on how much they enjoyed working for me etc. and 1 has since asked for their position back.
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