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As the WRC and Courts have continued to highlight deficiencies in workplace investigation practices, and employers have to deal with the implications and costs of inadequate investigations, this short article summaries some key points to consider when setting up a workplace investigation.

The recently published Labour Court determination against Costa Coffee in respect of a sexual harassment case taken by a former employee should provide a stern reminder for employers in respect of their responsibilities to not only have in place appropriate anti-harassment and bullying polices, but to ensure that they are communicated properly and understood and that managers are fully trained in their responsibilities with regard to the prevention of sexual harassment in the workplace.

The standard time limit for submission of complaints to the WRC is generally six months from the date of the contravention that the complaint relates to as per Section 41(6) of the Workplace Relations Act 2015, and as per Section 41 (8), this may only be extended for a further six month period, if reasonable cause is presented for the delay.

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