Republic of Ireland Law
Republic of Ireland Law Questions Answered by Experts
1. Dear Fiona, I would suggest you engage in mediation or if it has not been suggested, that you suggest it yourself to see if the issues arising with your manager can be sorted out. Ultimately, unless you make a formal complaint, you have no justification for being off sick. So, at this juncture, you need to make a formal complaint. Under the Equal status Act, an employer is liable, as well as the employee, for any acts of bullying or harassment carried out by their employee/manager. So here, you can sue for the work related illness you have suffered as a result of the behaviour and treatment of your manager. However, it will not look good in a court case if you never made a complaint about the behaviour of the manager who you are alleging bullied and harassed you.
2. So, at this juncture, you should do three things. Firstly, make a formal complaint about the behaviour of your manager at work. Make clear this is causing you to become sick. Make clear that you believe you have a claim under the Equal Status Act for the bullying and harassment which is making your sick. Secondly, suggest that the issues needs mediation with the involvement of you, the manager and the employer. You can also include your union rep. Thirdly, get a medical or psychiatric report compiled for any work related claim you might make later on. This will show a consistent pattern of work related stress and bullying which caused your illness.
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