Bullying complaint in the workplace

My friend has had a bullying/ obstruction of duties complaint made by a new(still on probation) member of staff. The complaint was made directly to the Chairman of the Board of directors. The Chairperson passed on the letter of complaint to my friend accompanied by his own letter stating a complaint had been made and requesting her reply by a specified date.

My friends reply refuting the accusations has now been passed to the complainant. As this situation has caused her (my friend) a lot of stress, has anybody any suggestions as to what to expect next or should she just hand it over to her solicitor

Any suggestions would be appreciated

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Does she really need to get a solicitor involved at this stage? Surely the organisation has a process for dealing with such complaints that can deal with it? Is she denying or admitting to the "charge"? In either case what is the process from here on and what are the potential repercussions (best cas/worst case)?

Yes there is a policy which states try to sort locally, if this does not work, on to manager and upwards (or words to that effect). As you can see this did not happen.

Yes she is denying the accusations.

Sorry Brendan if I posted this in the wrong category, wasn't quite sure which place it belonged.

Black Sheep said:

Yes there is a policy which states try to sort locally, if this does not work, on to manager and upwards (or words to that effect). As you can see this did not happen.

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I guess she might mention this in her reply so - i.e. that the relevant procedure has not been followed. Although perhaps the new/probationary employee may not have been aware of the process?

This may be of help :

how was complaint made to chairman of board of directors? surely this person would not have any 'hands on' activity with staff?

Are you referring by any chance to perhaps a school, where there would be a board of management?

If so, then the procedue as laid down, is for chairman to send copy of complaint to the person complained and seek their response to the allegation. it woudl be reccomended that the actual complaint as made would be sent, rather than the chairman paraphrasing or rewriting it in another covering letter.

The response is then passed to the original complainant, with perhaps the Board's decision on the matter. If either is not satisfied, then they can appeal again to Board.

it is also reccomended, as in all such cases, that they are resolved at the lowest possible level, rather than involving supervisors, managers etc. both must work together and both should try to resolve issues.

Good luck

The complaint was made by letter directly to the Chair of Board as a first stage complaint. No local steps were taken.

No this is not a school just a smallish business

This I feel will blow over as these type of things usually do,seen it many times different personality's cause's alot of this.She should let the company do what it has to do and let due process proceed. When she is called in to give her version she can and should bring a friend in aswell as a witness, this person should take notes or you should ask for the minutes of the meeting. From here you wait for their outcome.If she is found not to have done anything wrong then all is good, but she should make sure nothing is put on her file or if they insist on doing this then make sure she does not sign anything.If found guilty to have done some form of bullying then she either except's (this might be true as there are two sides to the story) she might not thing what she done is bullying but HR might thing it is.If she does not except then she should in my opinion talk to the labour court's first before going to a solicitor.
Maybe they should sit down the two people involved with a third person and see can they sort it out before it gets in to deep.

Just to day she has received a letter from the chairperson stating that an investigator has been appointed and will be in touch with her. Only the name of the investigator was given and stated that he is an experienced person. No further details re qualifications.

She now discovers that investigator has close connections with the chairperson and is also the person who wrote the reply on Behalf of the Board.

Surely this cannot be an impartial investigation

Look as I said above just let them get on with their part and then your friend will be more in the picture.It does not matter who does the investigation as long the truth comes out, nothing else she can do but wait and see, as I said make sure she has a witness when she is been interviewed, if this is not offered to her then they are not covering themselves.

Black Sheep said:

She now discovers that investigator has close connections with the chairperson and is also the person who wrote the reply on Behalf of the Board.

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If she feels there is no impartiality in the process, she can request an alternative appointment. I was involved in a similar process, but in my case the bully was the 'impartial' investigator!! Needless to say the process was a farce. I left the job soon after.

I don't think she would have any problem walking away from the job but is that not an admission of guilt. She wants the matter resolved.