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bullied at work by the BOSS

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  • 03-10-2009 1:08am
    #1
    Registered Users Posts: 352 ✭✭


    Hey guys. Just wondering, there is 20 of us working in a particular restraunt. The owner is always picking on one lad (lets call him John)- all day every day for no obvious reason. The worker is quiet upset but will not stand up for himself. Last week, a girl turned off a fridge by mistake but the owner gave out to John as he walked past it and never saw it off. He makes John do things like wash out the inside of the waste bins outside, seperate the waste in the bins, paint the walls outside and makes comments lik "you'd wanna be careful I dont cut your hours, there is plenty of CVs coming in". One day, a ceiling tile fell off and accidently hit John. The owner said to him that if John went further about it, that he'd make sure he never again got a job in this town.

    This is 2009. Employers shoiuld not be allowed to talk to staff like this. We have asked John to talk to the boss and that we would all back him up. He wants to but wont in case he looses his job. Has anyone any advice? I cant not do anything. I'd hate if this happened to my child
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  • Registered Users Posts: 2,876 ✭✭✭pirelli


    dave98 wrote: »
    Hey guys. Just wondering, there is 20 of us working in a particular restraunt. The owner is always picking on one lad (lets call him John)- all day every day for no obvious reason. The worker is quiet upset but will not stand up for himself. Last week, a girl turned off a fridge by mistake but the owner gave out to John as he walked past it and never saw it off. He makes John do things like wash out the inside of the waste bins outside, seperate the waste in the bins, paint the walls outside and makes comments lik "you'd wanna be careful I dont cut your hours, there is plenty of CVs coming in". One day, a ceiling tile fell off and accidently hit John. The owner said to him that if John went further about it, that he'd make sure he never again got a job in this town.

    This is 2009. Employers shoiuld not be allowed to talk to staff like this. We have asked John to talk to the boss and that we would all back him up. He wants to but wont in case he looses his job. Has anyone any advice? I cant not do anything. I'd hate if this happened to my child

    That's the way I get treated by Tom young on legal forums. :o
    I suppose i am lucky to even type here now and then. From my experience there is nothing he can really do and it sounds like a case of the fawlty towers syndrome common in this line of business. I suggest he might improve his english and shaves off the mustache or makes a complaint to the BBC radio before he gets "sached".


    Employment law is complicated. If he has worked continuously for more than 12 months he should take the bullying seriously and confront the manager (try without getting fired ) and also make a formal complaint thereafter. He could eventually claim constructive dismissal if the bullying is allowed to continue.

    If he works part time he cannot be unfairly dismissed for making such a complaint or be treated less favorably than any other employee.

    The establishment must have certain policies in place and it sounds like this one doesn't so he or a colleague should request to see the policies. All in all if they don't have any policy and or ignore his efforts to resolve the bullying then get in touch with siptu and join the relevant union and take the matter before the labour court. A failure to have an effect bullying and harassment policy wont look favorably towards the establishment.

    I think it is illegal to sack someone because they join a union.


  • Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    Unfortunately as pirelli pointed out there is very little that can be done unless/until he finds himself in the unfortunate position of being dismissed or having to leave the job due to this behavior. If that happens he can take an employment appeals tribunal case.

    He could sue if he could show the bulling resulted in pschiatric injury, but this would be potentially expensive if he were to lose. Similarly he could also sue for breach of contract.


  • Closed Accounts Posts: 2,194 ✭✭✭Trojan911


    Have a look at this OP. There are avenues one can persue.


  • Closed Accounts Posts: 112 ✭✭wobzilla


    Maybe the boss is a ****** and wants to pound your man's arse. I had a shirt lifter for a boss once and he went like that when he found out I had a girlfriend


  • Registered Users Posts: 4,882 ✭✭✭JuliusCaesar


    You should all join a Trade Union. They represent people who may be too timid or vulnerable to stand up for themselves. They'll also be familiar with Labour Law.

    John should keep a diary of all events, and you should keep a diary of those you witness.


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  • Registered Users Posts: 352 ✭✭dave98


    thanks for all your help guys. Great ideas there. Thanks


  • Closed Accounts Posts: 179 ✭✭gdael


    Tell him to carry a redorder around in his pocket all the time.
    No harm having recordings of the bullying if it comes to needing them.


  • Registered Users Posts: 18,067 ✭✭✭✭fryup


    is john...YOU by any chance OP ??


  • Registered Users Posts: 352 ✭✭dave98


    fryup wrote: »
    is john...YOU by any chance OP ??
    haha dear god no. im as old as the boss. i work in the office. "John" is i'd say 20/21


  • Closed Accounts Posts: 384 ✭✭Banter Joe


    gdael wrote: »
    Tell him to carry a redorder around in his pocket all the time.
    No harm having recordings of the bullying if it comes to needing them.

    Is that legal?


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  • Registered Users Posts: 18,067 ✭✭✭✭fryup


    is john one of those low paid foreign workers???


  • Registered Users Posts: 582 ✭✭✭Thoushaltnot


    Right, get "John" to keep an abuse/bullying diary - times & dates & witnesses.

    If you want to help, get the other workmates to do the same.

    I do remember seeing the case of a battered woman - one of her workmates copped and kept a diary of dates, bruises, injuries and when the woman eventually brought charges, the workmate's notes helped put the psycho hubby away.

    This young man sounds like a potential suicide case, if this is let continue.


  • Registered Users Posts: 2,876 ✭✭✭pirelli


    Right, get "John" to keep an abuse/bullying diary - times & dates & witnesses.

    If you want to help, get the other workmates to do the same.

    I do remember seeing the case of a battered woman - one of her workmates copped and kept a diary of dates, bruises, injuries and when the woman eventually brought charges, the workmate's notes helped put the psycho hubby away.

    This young man sounds like a potential suicide case, if this is let continue.

    Suicide case!
    ________________________________________________________
    Bullying: Examples of, from the citizens information on bullying at work.

    * Social exclusion and isolation
    * Damaging someone’s reputation by gossip or rumours
    * Intimidation
    * Aggressive or obscene language
    * Repeated requests with impossible tasks or targets
    ________________________________________________________



    If thats the case half the foreign nationals must be suicidal. An irish person being pressured into cleaning the waste bins.OMG

    Is cleaning a waste bin an impossible task to complete. - NO
    Is it a necessary task as part of health and safety - very much so.
    These are tasks that have to be carried out and its everyone's responsibility including this john persons.

    Thoushalt : Your just as much a bully spreading rumours and gossip that someone is a potential suicidal case. I hope you can see that.


  • Registered Users Posts: 22 mummy2b


    Hi,

    There is not a lot he can do however it does sound like bullying. If 'John' is covered under one of the 9 grounds of discrimimation - age, nationality, religious belief etc he can sue for harassment while he is at work at also sue for victimisation is he is treated any differently as a result of putting in a complaint. If it is just the bullying then he needs to follow the grievance procedure if they have one. A good idea is to call a union - even to ask for a meeting with a union rep and himself and the boss - he is entitled to this representation under the code of practice. In my experience this has always worked and the employer backs off. Re being sacked for joining a union - every dismissal in Ireland is deemed as unfair and it is up to the employer to prove that they have been fair and transparent in their dismissal (except for constructive dismissal - where the employee must prove it). Sorry for ramble...hope it helps


  • Registered Users Posts: 248 ✭✭bp1989


    wobzilla wrote: »
    Maybe the boss is a ****** and wants to pound your man's arse. I had a shirt lifter for a boss once and he went like that when he found out I had a girlfriend

    Wow, how ignorant.


  • Registered Users Posts: 18,067 ✭✭✭✭fryup


    fryup wrote: »
    is john...YOU by any chance OP ??
    dave98 wrote: »
    haha dear god no. im as old as the boss. i work in the office. "John" is i'd say 20/21

    you're a senior!! well then show some backbone man, and stand up for the guy.

    Why don't you have a word in the boss's ear and tell him to ease off on him maybe he doesn't realise what he's doing.

    Remember bullying can lead to severe stress > mental illness > and sometimes suicide:(


  • Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    Banter Joe wrote: »
    Is that legal?

    Recording stuff like this ? If by legal you mean admissible in proceedings by 'John' for anything wrongful which the recording evidences then yep. If by legal you mean 'not in breach of any criminal law' then yep again.

    Playing it on liveline would prolly fall outside legal use though.


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