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High Court, in a challenge to the contents of a report following a complaint of bullying, finds that the proceedings do not fall within the parameters of judicial review, on the grounds that what was impugned in these proceedings has no nexus with statutory or public law.
Employment law – judicial review – challenge to the contents of a report made by a “designated person” pursuant to under the Dignity at Work policy following a complaint of bullying - procedures to be followed upon a complaint of bullying being made – report recommended mediation - Dignity at Work policy – complaint of bullying - procedural history – amenability to judicial review - challenge to the finding that the complaint was made in good faith - no investigation, there was no adjudication, there was no finding, and there was no sanction – preliminary stage of investigation - no nexus between the statutory or public law context of the respondent and the matter impugned – requirements of natural justice – complaints do not consist of procedural complaints about the process but instead amount to an invitation to the Court to adjudicate on the merits of the bullying complaint – whether designated person should have expressed a view about whether the complaint was made in good faith - recommendation that the case be referred to mediation, and her conclusion – report was never going to be made public – judicial review refused.
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