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Are the words, "private and confidental" binding on a recipient.

  • 19-06-2013 3:05pm
    #1
    ScouseMouse
    Closed Accounts Posts: 5,070 ✭✭✭


    Got a hypothetical situation and was wondering if it were to ever happen here, in theory, what could you do about it.

    Imagine a situation where as an employee, you get a letter from your employer (who has an ulterior motive), with serious unfounded allegations against you but it is headed "private and confidential", it would be designed to keep you quiet and not tell your colleagues or customers for fear of a backlash. It could be followed by someone disappearing from view due to a "kangaroo court" and probably an unfair dismissal.


    1. Is the "private and confidential" bit binding on the employee or could they show it off to everyone as its official/real.

    2. If not permissible, what if someone else, ie, spouse/friend, stuck the letter on a lamppost for all to see. Could there be any comeback on this.

    I think I saw this scenario on Hill Street Blues, and always wondered about it ever happening here.


Comments

  • #2
    nuac
    Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    "disappearing from view after a Kangaroo Court",

    Some serious Health and Safety issues in your workplace?


  • #3
    ScouseMouse
    Closed Accounts Posts: 5,070 ✭✭✭ScouseMouse


    nuac wrote: »
    "disappearing from view after a Kangaroo Court",

    Some serious Health and Safety issues in your workplace?

    Funny man! (or woman)

    So, just to clarify my idea (if needed). Say the imaginary employer was trying to get rid off a staff member and makes up a load of rubbish but is afraid of the staff member telling everyone whats happening, they were trying to sack them to replace them with cheaper staff, hence the direct letter to their home marked private and confidential..... Then they did the full investigation crap and the kangaroo court rubber stamped it.

    If it was Ireland, it would probably go to labour court for exposing, but as its only a hypothetical situation, I am curious of the situation in Ireland.


  • #4
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • #5
    Javan
    Closed Accounts Posts: 265 ✭✭Javan


    Fred Swanson wrote: »
    This post has been deleted.

    ... subject to any other restrictions that the addressee might have accepted as part of an NDA or employment contract.
    Employment contracts will typically include clauses intended to protect the intellectual property and commercially sensitive information of the employer.


  • #6
    sbsquarepants
    Registered Users, Registered Users 2 Posts: 11,812 ✭✭✭✭sbsquarepants


    Both parties have to agree to any sort of contract - you can't just be handed one and be instantly bound by it. If you could i'd own the world and everything in it - or at least i would until someone handed me a letter seizing it all back!


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  • #7
    Javan
    Closed Accounts Posts: 265 ✭✭Javan


    sbsquarepants wrote: »
    Both parties have to agree to any sort of contract - you can't just be handed one and be instantly bound by it. If you could i'd own the world and everything in it - or at least i would until someone handed me a letter seizing it all back!

    Of course, but generally you don't get to become an employee without accepting an employment contract. So where the OP is talking about their employer sending something it is reasonable to assume they have already agreed to an employment contract and would be bound by the terms of that contract.


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