The creation of a new statutory body to investigate alleged cases of bullying in the workplace is being considered by the Minister of State for Labour Affairs, Mr Frank Fahey.
The measure is one of a number under review after a report highlighted serious gaps in the way workplace bullying is currently addressed.
The report, prepared for Mr Fahey by the Health and Safety Authority (HSA), found that company owners or managing directors accused of bullying at present investigate themselves.
"There is no onus to get an outside independent investigator so bullying is never found to have occurred," said the report, written by Ms Patricia Murray, an organisational psychologist and inspector with the HSA.
"It is akin to asking sexual harassers to assess themselves when it is obvious they find their behaviour acceptable on their own terms."
Ms Murray said this was one of a number of gaps in the system which meant workplace bullying was not being tackled effectively.
The authority operates an anti-bullying response unit (ABRU), which co-ordinates the State's response to bullying by referring complainants to the appropriate agencies.
However, Ms Murray said that by the time most people contacted the ABRU, they had already left their employment or been dismissed, and there was nothing the unit could do for them.
She said employees in the private sector who were dissatisfied with the outcome of an investigation could contact the rights commissioner's service. However as the service was voluntary, employers were not obliged to co-operate.
In the public sector, there was no right of access to a rights commissioner so civil and public servants "often leave and take civil action for personal injury due to bullying", her report added. "Taking civil action is expensive, and those who cannot afford it have no agency to assist them."
Ms Murray said when a complaint was made against a school principal it was investigated by the chairman of the board of management. As the principal was also on the board, there was a conflict of interest, and the tendency was "not to find against the principal".
Her report suggested that a State body should be established with a remit to investigate cases of bullying.
"There is no State agency, akin to the Labour Court, where cases can be heard, while the parties are still employed, by an independent person in a judicial role which could be accessed by all employees."
Mr Fahey told The Irish Times that establishing such a body was one of the options being considered. An alternative would be to attach the new agency to the Labour Court.
The Minister said workplace bullying and stress were serious problems for victims, but also for the economy through resultant problems such as absenteeism and loss of productivity.
He would be establishing an expert group within weeks to examine the issue.
After it reported he would consult with the social partners before deciding whether amendments were required to the the Safety, Health and Welfare at Work Bill, which was published last month. The Bill is expected to be enacted this year.
Mr Fahey said he also hoped to secure more resources for the HSA's anti-bullying response unit.
