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At RSM Ireland we pride ourselves in being able to provide our clients with a range of services aimed at resolving workplace disputes. Whether through a once-off assignment to investigate a workplace complaint, or through providing a one stop shop for larger organisations in acting as their outsourced workplace disputes resolution provider, our aim is to remove the burden of dispute resolution from the organisation and its people, in order to facilitate business as usual while the process is ongoing.
Workplace Investigations
Workplace investigations are a challenging process for all employers. It is critical that they are managed correctly ensuring all parties are afforded fair procedure throughout the process. It is not always practical for an organisation to investigate potential wrongdoing internally. An impartial, external investigation team can be the key component to ensuring a successful and fair process.
RSM Ireland have an established track record conducting workplace investigations, having successfully completed in excess of 550 in recent years. We have completed assignments for semi-state, public sector and private sector clients, across the entire range of employment legislation applicable to this area.
We operate a two-person investigation team model. Our legally qualified Lead Investigators conduct the investigation, supported by one of our experienced HR Consultants as Assistant Investigator. The investigation team draw upon our broader multi-disciplinary investigations team as required.
Each workplace investigation is conducted according to established standard operating procedures which are rooted in best practice in order to produce practical and legally robust reports. We at RSM are proud of our track record in this area. The experience of our investigation team, in conjunction with our robust process and methodology, has meant that none of our findings have been overturned and have all withstood any subsequent challenge on appeal.
We are fair, discrete and thorough in our work which is priceless to our clients.
Types of Workplace Investigations Include:
- Bullying in the workplace
- Workplace Harassment
- Sexual Harassment
- Disciplinary and Grievance Investigations
- Trust in Care
- Reasonable Accommodation
- Whistleblower Investigations as necessary under the Protected Disclosures Act 2014
Mediation Services
At RSM Ireland, we have extensive experience of providing a range of expert solutions in workplace mediation. We have a team of mediators who offer skilled mediation services to organisations. We have a proven track record in facilitating successful mediation sessions, governed by the MII Code of Ethics. Our experienced team all have extensive backgrounds in HR and employment law and have assisted parties in the mediation of workplace disputes both in Ireland and internationally. Our mediation services offering provides organisations with a flexible, efficient, cost effective and confidential process through which the individuals involved can resolve their disputes.
We recognise that mediation can be a challenging process for the parties involved, but with the assistance of a skilled and experienced mediator, 85% of disputes can be settled in the mediation stage. The enactment of the Mediation Act places an even greater emphasis on mediation processes in resolving employment disputes. RSM Ireland have a high success rate in our mediation service, and we fully understand and support the value of having mediation as a primary form of dispute resolution. We have mediated particularly complex and technical disputes, as well as interpersonal matters.
Furthermore, the Code of Practice published in December 2020 by the HSA and the WRC entitled Industrial Relations Act 1990 (Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work) Order 2020 emphasis the benefits of early intervention as being the best possible potential for a good outcome, and from a practitioner’s perspective, the advantages of informal resolution cannot be overstated.
Facilitating an Appeals Process
It can often arise that employees are dissatisfied with the outcome of an internal disciplinary or grievance process and may seek to exercise an appeals process.
In line with the Code of Practice on Grievance and Disciplinary Procedures, employers are encouraged to have a well-defined appeals mechanism available for employees where this arises.
It may be preferable that an appeal is heard by an impartial, independent, external person in the interest of maintaining fairness and impartiality for the parties concerned. RSM have chaired hearings of this nature in both Grievance and Disciplinary appeal settings. Our experienced team all have extensive backgrounds in HR and employment law. The outcome of the hearing is provided by way of a practical, legally robust report.
