A leading Donegal HR firm is to launch a new service into workplace investigations which is to be joined by a former local Garda Sergeant.
Boyd HR is a long standing and trusted provider of HR solutions to Owner/Managers of SME’s in the North West.
Now Michael Boyd and his team are launching a new service – Independent Workplace Investigations on February 1, 2017 through the local Chamber of Commerce at the Radisson Hotel.
The team will be joined ex-Garda Sergeant Philip Gillespie, who has 30 years’ investigative experience with An Garda Siochana, is joining his Team.
Two years ago, Michael was approached by an employer who suspected that one of his employees was stealing from him. Given the nature of the incident he engaged the services of Philip Gillespie. Since then they have dealt with several cases of theft, bullying and harassment in the workplace.
As a result of his work in this area Michael has identified a need for the development of this aspect of his business. With his and his staff’s experience in HR and the investigative experience of Philip Gillespie, Michael is satisfied that they will be able to meet all the needs of businesses in the North West when it comes to conducting independent investigations in the workplace.
In an ideal world, employers would employ perfect employees who would never cause concern when it comes to the workplace. However, employees are people and they come to work with all sorts of personal baggage. They could have money worries, they may possess character flaws, which leaves them less than honest, or they may be argumentative and difficult to work with. Whatever employee issues arise employers must deal with them for the benefit and protection of his staff and his business.
Employee theft is a major problem in businesses. Forty percent of theft (€183.9m worth of items) is attributed to shoplifters with an alarming 36.8% attributed to employees resulting in a loss of €166.7 million worth of items (An Garda Siochana ‘Thefts from shops Prevention and Reduction Strategy’ 2011). Research would also indicate that most employers don’t report the matter to the Gardai.
So how do employers deal with suspected theft? “With great difficulty” Michael would say. There are a lot of things for an employer to consider when confronted with a suspected case of theft. In addition to the emotional trauma, employers are required to consider practical aspects in relation to handling such a difficult situation.
They must ask themselves – Do they have the resources within their company to appoint an independent person to carry out an investigation? Does the person appointed possess the necessary skills? Does he/she have sufficient knowledge of employment legislation and procedure? What are the implications for the staff and business going forward? Can confidentiality be maintained? Are they satisfied that their actions or decisions would stand up to scrutiny at a tribunal hearing or court case? Can they afford to get it wrong?
Some employers adopt the ‘Head on’ approach and rush in dismissing employees without a proper investigation taking place. Others ‘bury their head in the sand’ & hope the problem will magically go away!! Still others try to get rid of suspected employees by phasing them out of the workplace.
They may reduce their hours of work, change their areas of responsibility, exclude them from meetings etc. These actions can lead to an unfair or constructive dismissal case being taken against the employer.
The Employment Appeals Tribunal 2014 report states that almost 4,200 cases were referred to them, 40% of which related to unfair dismissal. The average award made to employees was for €17,588. This, added to the legal fees and the potential damage to the organisation’s reputation, could prove very costly for an employer. It is not just small businesses that are getting it wrong sometimes, but some of the large organisations also.
Bullying and harassment are other areas that employers should be mindful of. Employees have a right to be treated with dignity and respect at work and a Code of Practice was published by the Health and Safety Authority setting out practices to be adhered to when dealing with bullying and harassment in the workplace.
The employer has a duty to ensure that the prevention of bullying forms part of their management system and they are required to have a policy document reflecting this. If an employee alleges they are being bullied, the employer has no option but to have the complaint dealt with either by an informal or formal process. The formal process requires to be investigated in an independent and impartial way.
Boyd HR is about minimising or eliminating the risk to the employer. Conducting independent workplace investigations, that establishes the facts of any given situation, provides the firm basis to take whatever corrective action that an Employer deems necessary.
