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witness to gross misconduct

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  • 25-07-2014 12:25am
    #1
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭


    Hi ya

    need to post anonymous and looking for some help

    Recently at work I was witness to potentially to gross misconduct by a colleague. It was a deliberate act so that I could act as their witness in an alleged bullying case however the way they went about attempting to prove bullying is potentially gross misconduct. I would be seen as a generally reliable and trustworthy employee and I have a good relationship with my managers. This work colleague does not have a good relationship with the management due to significant work issues on their part.

    I have never witnessed any bullying towards this colleague. Quite the opposite. During the recent incident this colleague also shouted and swore at other staff. I have been present when private conversations about this employee have taken place.I have been involved in some of these conversations as this colleagues work issues affect me directly. Any conversations that take place when I am present in a room and not taking part in I have always considered private and would never discuss with anyone. The same goes for conversations I have with management regarding this employee. I work in an open place office which is also open to the public.

    Since the incident of alleged misconduct by this colleague things have been very tense and uncomfortable at work.

    Informal advice has already been received and I am confident that what took place may be seen as gross misconduct. I have also read out HR policies and I feel the behavior falls within the definitions in it

    My question is two part:

    1. Can private conversations between myself and management be called as part of a bullying case.
    2. Is there any way I can go direct to HR myself with this potential misconduct as management are nervous about this employee.


Comments

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    #2
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    Stay out of it, you are not management so are not responsible for the actions nor discipline of your colleagues. Nothing good can come of you reporting this unless the gross misconduct effected you directly/ effected safety in the workplace. If management/HR know about him/her already, and he/she is stupid enough to try and contrive a situation to "prove" bullying, it will only be a matter if time before he/she will be gone.


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    #3
    _Brian
    Registered Users Posts: 18,571 ✭✭✭✭_Brian


    1. Can private conversations between myself and management be called as part of a bullying case.
    Nope, if you start talking to management then you are talking to the company and if it is indeed gross misconduct then they will act on it and may use your input to strengthen their case.
    2. Is there any way I can go direct to HR myself with this potential misconduct as management are nervous about this employee.
    Yes, in most companies an employee can make a complaint against another, however if you make this complaint and the company still don't act, this bully will know you've spoken to them and may well make your life hell.

    Best let it run its course itself.. managers manage etc..

    The only time I would have stepped in in such a case was where a guy was being openly racist and I'd just had enough...


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    #4
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭LegacyUser


    thanks for the replies.

    It is so frustrating though. I dont work in a company though i.e. xx sector.

    I can appreciate the difficulties my managers face but I do hope something is done. My only other choice would be to ask to be moved. It will be so unfair so have to do that as I love where I work.

    I am not looking forward to returning to work which is a terrible feeling. Since the incident I have been very upset. The colleague however has been acting like everything is completely normal but I know this is simply a ploy to "keep me on side". The whole situation is so contrived and deliberate as the relevant managers are also not around next week.


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    #5
    InReality
    Registered Users Posts: 1,374 ✭✭✭InReality


    Try and keep your own priorities in mind - you like your job and want to stay there. Its hard when there is lots of of emotions going on in work , we are emotional animals and pick up on all that stuff. I'd be inclined to help the managers if asked directly as a witness , and apart from that stay as neutral and as away from the drama as possible .


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