confidential investigative report
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A couple weeks ago we had drama in the office, followed by an employee filing a formal complaint of bullying against her manager ('Manager A'). A few hours later in a completely unrelated incident, Manager A was barred from a meeting, so he filed a formal complaint of bullying against the City Manager ('Manager B').
The City Counsel hired an independent firm to investigate the complaint against the City Manager (Manager
, which is in line with past practice, and I was tasked with conducting the internal investigation on the employee complaint against Manager A.
Manager B is directly over the Manager A, and since A has a complaint against B, any discipline B meted out from the first complaint would smack of retaliation. Our attorney recommended that the City Counsel be responsible for discipline in both complaints.
Manager B wants a copy of the confidential report on my investigation (employee vs. Manager A). Should I give it to him?
The City Counsel hired an independent firm to investigate the complaint against the City Manager (Manager
![B) B)](/resources/emoji/sunglasses.png)
Manager B is directly over the Manager A, and since A has a complaint against B, any discipline B meted out from the first complaint would smack of retaliation. Our attorney recommended that the City Counsel be responsible for discipline in both complaints.
Manager B wants a copy of the confidential report on my investigation (employee vs. Manager A). Should I give it to him?
Comments
My one question would be why City Counsel has been recommended to handle discipline for both, when the two incidents are unrelated? That being said, the lawyers are the pros, so if they are recommending it, I'm sure they have their reasons.
The reason City Counsel is handling both disciplinary actions is because of the appearance of retaliation if Manager B disciplined A, since A has a formal complaint against B in an unrelated matter.
So after discipline is determined in a case, how far do you go in telling the outcome to the individual who filed the complaint?
2.5. Prohibition Against Retaliation (Revised 4/07)
Retaliation is adverse treatment which occurs because of opposition to unlawful workplace harassment. The employer will not tolerate any retaliation by management or by any other employee against an employee who exercises his/her rights under this policy. Any employee who believes s/he has been retaliated or discriminated against in any manner whatsoever as a result of having filed a complaint, assisted another employee in filing a complaint, or participated in an investigative process should immediately notify the EEO Officer or the alternate. The employer will promptly investigate and deal appropriately with any allegation of retaliation.
Complaint against Manager B as filed by Manager A...unfounded.
Complaint against Manager A as filed by employee...founded.
After the verdict was returned unfounded, it was decided Manager B could discipline in the Manager A case for the following reasons:
Manager A did not consider Manager B to be the type to retaliate against him,
and City Counsel is normally a part of the appeal process, so shouldn't discipline.
The End (if only that were true!)