Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

work joke gone bad

Options
124

Comments

  • Options
    #92
    Amsteresident
    Registered Users Posts: 13 ✭Amsteresident


    I was more confident before the witness decided to do a U-turn. I am waiting on an admission of liability, despite the company having paid a few of my physiotherapy bills which were associated with this problem, could that not be used to also push them over ?
    I understand what you mean about the legal team just doing their job but I'm getting no reassurance from my lawyer which is telling me that this might get binned.


  • Options
    #93
    Amsteresident
    Registered Users Posts: 13 ✭Amsteresident


    Hi again , on the same note : the lawyer is suing for negligence. Was it not wiser to just request the payment of my medical bills rather than bring me down a lengthy road with an insecure outcome?


  • Options
    #94
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    Amsteresident wrote: »
    Hi again , on the same note : the lawyer is suing for negligence. Was it not wiser to just request the payment of my medical bills rather than bring me down a lengthy road with an insecure outcome?

    The lawyer is "suing for negligence" on your behalf and instruction, presumably there was discussion about this before you began proceedings. All legal proceedings have an "insecure outcome", nothing is guaranteed. This is a bad situation for you now, physically, emotionally and financially. You would be best advised to discuss the financial implications of continuing with your claim with your solicitor and the likelihood of success. At the moment you probably are exposed to a significant legal bill but it could get s lot worse if it goes to court and you lose. It is not yours nor nor solicitor's fault that your colleague changed his/her story but you certainly should have considered the possibility this would happen if your colleague continues to work there as this may have implications for your colleague's future promotion prospects.


  • Options
    #95
    wearyexplorer
    Registered Users Posts: 70 ✭✭wearyexplorer


    This sounds so wrong, I feel for you OP, hope it works out.


  • Options
    #96
    Amsteresident
    Registered Users Posts: 13 ✭Amsteresident


    Davo10 i got some advice from an Irish lawyer who told me that since I have the proof of what happened , the medical proof and the witness statement that it would be straightforward. That's why I went ahead with it


  • Advertisement
  • Options
    #97
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    Amsteresident wrote: »
    Davo10 i got some advice from an Irish lawyer who told me that since I have the proof of what happened , the medical proof and the witness statement that it would be straightforward. That's why I went ahead with it

    Have you spoken to your colleague?


  • Options
    #98
    Amsteresident
    Registered Users Posts: 13 ✭Amsteresident


    Hi Davo, I have.

    I asked him to please just clarify what exactly he saw on the day it happened, in writing for the solicitor. His response was nervous, and all over the place. He explained what happened twice, but in a very confused way:

    "I saw the package close to Amsteresident's ear, Amsteresident did not know she was going to burst it.
    I went back to pick up more boxes and I saw Manager put the package close to her ear"

    She tried to call him because of the confused nature of the email and he didn't pick up. I messaged him on Whatsapp and he did not reply. She said without a proper statement this is not an acceptable form of proof.


  • Options
    #99
    Amsteresident
    Registered Users Posts: 13 ✭Amsteresident


    Right i spoke to the colleague of my colleague who joined the company after the incident. He said that the Witness' boss flew over from London to see him and he had him in a 1:1 for several hours. There were also many long phone calls he said , where they were talking about the incident in front of the others.
    So that's exactly enough for me to pull the case. I don't know why he couldn't just be honest with me. He's after costing me a lot of money with his bulls***.


  • Options
    #100
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    Amsteresident wrote: »
    Right i spoke to the colleague of my colleague who joined the company after the incident. He said that the Witness' boss flew over from London to see him and he had him in a 1:1 for several hours. There were also many long phone calls he said , where they were talking about the incident in front of the others.
    So that's exactly enough for me to pull the case. I don't know why he couldn't just be honest with me. He's after costing me a lot of money with his bulls***.

    You need to sit down with your solicitor and take his/her advice. Going any further when there is little hope of success may be costly and add to your stress. Unfortunately, your colleague's viewpoint is understandable, give a statement and his/her career there is probably finished. It's wrong and in an ideal world shouldn't happen like that but in the real world, that is the ways it happens.


  • Options
    #101
    PistolsAtDawn
    Registered Users Posts: 335 ✭✭PistolsAtDawn


    haveringchick wrote: »
    I have zero sympathy for the so called prankster in this case and would almost consider that kind of messing a form of bullying
    I would expect this person to compensate you in full for every penny your out of pocket and count themselves lucky that your not persuing them for "pain and suffering"

    In my opinion, you may not agree, this type of attitude is exactly whats wrong with the world. A practical joke went wrong, the OPs words not mine, and the initial reaction you have is to classify the joke as a form of bullying and seek compensation also including the correct terminology to use... "pain and suffering".

    The OP should put it down to bad luck, have a quite chat with his colleague and tell him it can't happen again. Then move on.

    This SUE, SUE, SUE culture gives me ire. Grow up and work for your money, accept that things will go wrong from time to time just suck it up, learn and move on.


  • Advertisement
  • Options
    #102
    Pete Moss
    Registered Users Posts: 605 ✭✭✭Pete Moss


    PistolsAtDawn wrote: »
    In my opinion, you may not agree, this type of attitude is exactly whats wrong with the world. A practical joke went wrong, the OPs words not mine, and the initial reaction you have is to classify the joke as a form of bullying and seek compensation also including the correct terminology to use... "pain and suffering".

    The OP should put it down to bad luck, have a quite chat with his colleague and tell him it can't happen again. Then move on.

    This SUE, SUE, SUE culture gives me ire. Grow up and work for your money, accept that things will go wrong from time to time just suck it up, learn and move on.

    The OP has been left with tinnitus, irreparable damage to their hearing. The manager, who carried out the practical joke is not at all remorseful. I'm sure the manager was only looking to have some fun, but it's all fun and games until someone gets hurt.

    Tinnitus is no joke, and difficult to live with, so "just suck it up, learn and move on" doesn't cut it. The manager screwed up, should own up and the company should take the correct course of punishment. Instead, the OP was punished.


  • Options
    #103
    overshoot
    Registered Users Posts: 3,219 ✭✭✭overshoot


    to a certain extent I would agree with you pistolsatdawn... if it was something that lasted a week or 2. I remember seeing a case a few months ago where a mother sued a restaurant because her child caught a finger in the sugar shaker. ridiculous!

    but the OP has a permanent injury so this is not the case here. No remorse by the manager or company. Have you ever had that ringing in your ears after a concert/night out? Would you like that non stop the rest of your life? People should "grow up" and learn there is repercussions to their actions.


  • Options
    #104
    TheDoc
    Registered Users Posts: 23,137 ✭✭✭✭TheDoc


    Amsteresident wrote: »
    Right i spoke to the colleague of my colleague who joined the company after the incident. He said that the Witness' boss flew over from London to see him and he had him in a 1:1 for several hours. There were also many long phone calls he said , where they were talking about the incident in front of the others.
    So that's exactly enough for me to pull the case. I don't know why he couldn't just be honest with me. He's after costing me a lot of money with his bulls***.

    So basically an exec flew over to have a meeting with a colleague who was going to point the finger at the boss, and in essence the company.

    Obviously no one was in the room so you won't know what sort of pressure or threats were performed, but is that not a relevant thing?

    Your colleague had instructed he would be a witness for you and clarify the situation as it happened, yet after going into a 1:1 with an exec, now won't?

    Desperate stuff. Just goes to show how magic and wonderful the legal system is. Broken...
    I'm actually annoyed reading the thread that somehow you are even MORE out of pocket for this.

    How you'd restrain yourself from getting that former colleague and thumping the head of him is beyond me, I'm livid and its not even happening to me


  • Options
    #105
    ahnowbrowncow
    Registered Users Posts: 2,574 ✭✭✭ahnowbrowncow


    It's infuriating reading this thread.

    I'd pursue this as long as you have a chance to win even if it is expensive, this is going to affect you for the rest of your life. Best of luck op.


  • Options
    #106
    PistolsAtDawn
    Registered Users Posts: 335 ✭✭PistolsAtDawn


    Pete Moss wrote: »
    The OP has been left with tinnitus, irreparable damage to their hearing. The manager, who carried out the practical joke is not at all remorseful. I'm sure the manager was only looking to have some fun, but it's all fun and games until someone gets hurt.

    Tinnitus is no joke, and difficult to live with, so "just suck it up, learn and move on" doesn't cut it. The manager screwed up, should own up and the company should take the correct course of punishment. Instead, the OP was punished.

    Better sue them for ever penny you can get so OP. That will right their unintentional wrong.


  • Options
    #107
    Pete Moss
    Registered Users Posts: 605 ✭✭✭Pete Moss


    PistolsAtDawn wrote: »
    Better sue them for ever penny you can get so OP. That will right their unintentional wrong.

    I know we've a difference of opinion here, but I'm genuinely curious, if the shoe was on the other foot and you were in the position the OP is in, what would you do?

    The manager didn't mean to damage the OP's hearing for life, but they did. If I threw a pencil, hit you in the eye leaving you visually impaired for life, then should you not be compensated for the injury you've sustained? Not in the manner of making a "quick buck", but to pay for the financial costs resulting from the injury?

    The OP didn't slip in the toilets in Supermacs and pull a muscle in their big toe. This wasn't self inflicted. They were in work, doing their job and some plonker f***ed up their hearing for the sake of a cheap joke.


  • Options
    #108
    PistolsAtDawn
    Registered Users Posts: 335 ✭✭PistolsAtDawn


    Pete Moss wrote: »
    I know we've a difference of opinion here, but I'm genuinely curious, if the shoe was on the other foot and you were in the position the OP is in, what would you do?

    The manager didn't mean to damage the OP's hearing for life, but they did. If I threw a pencil, hit you in the eye leaving you visually impaired for life, then should you not be compensated for the injury you've sustained? Not in the manner of making a "quick buck", but to pay for the financial costs resulting from the injury?

    The OP didn't slip in the toilets in Supermacs and pull a muscle in their big toe. This wasn't self inflicted. They were in work, doing their job and some plonker f***ed up their hearing for the sake of a cheap joke.

    I just have a thing against compensation claims, I understand there is a difference between the typical case of a scumbag slipping in McDonalds and the OPs mishap. Obviously he would be entitled to money for the injury he sustained

    If it happened to me I would, after the initial the initial period of panic, acknowledge that harm of this magnitude was not meant and chalk it down as an accident then try to move on with my life in whatever way I can.

    How I deal with negative situations is one of my few redeeming qualities to be honest.

    The OP should do whatever he sees fit, after-all my opinion should not matter to him, he's the one who has to live with it.


  • Options
    #109
    brightspark
    Registered Users Posts: 2,637 ✭✭✭brightspark


    PistolsAtDawn wrote: »
    I just have a thing against compensation claims, I understand there is a difference between the typical case of a scumbag slipping in McDonalds and the OPs mishap. Obviously he would be entitled to money for the injury he sustained

    If it happened to me I would, after the initial the initial period of panic, acknowledge that harm of this magnitude was not meant and chalk it down as an accident then try to move on with my life in whatever way I can.

    How I deal with negative situations is one of my few redeeming qualities to be honest.

    The OP should do whatever he sees fit, after-all my opinion should not matter to him, he's the one who has to live with it.

    I imagine very few injuries are intentional in the workplace. Most would be through negligence rather than malicious. That however does not mean that the victims of such injuries are not entitled to some form of compensation.

    The workplace is not a playground and the OP should not be at a loss because of another's irresponsible behaviour. Unfortunately the OPs hearing cannot be restored so the only option is financial compensation.


  • Options
    #110
    nikkibikki
    Registered Users Posts: 1,226 ✭✭✭nikkibikki


    OP, your ex-colleague has obviously been coached and/or threatened into changing his mind about what he saw. To me, if it went to court, it would look seriously unfavourably on your ex-employers, especially coupled with the fact that they let you go. Speak to your solicitor before dropping this.


  • Options
    #111
    FishOnABike
    Registered Users Posts: 4,476 ✭✭✭FishOnABike


    PistolsAtDawn wrote: »
    If it happened to me I would, after the initial the initial period of panic, acknowledge that harm of this magnitude was not meant and chalk it down as an accident then try to move on with my life in whatever way I can.

    How I deal with negative situations is one of my few redeeming qualities to be honest.
    By the same token if some drunken speeding idiot crashed into your car, writing it off and causing you potentially life long injury would you just "acknowledge that harm of this magnitude was not meant and chalk it down as an accident then try to move on with my life in whatever way I can."

    It would appear the OP has suffered a potentially lasting jnjury, suffered immediate financial loss as a result and been forced out of their job in what I can only consider as considered and concerted corporate bullying after the event.


  • Advertisement
  • Options
    #112
    OldNotWIse
    Closed Accounts Posts: 12,468 ✭✭✭✭OldNotWIse


    PistolsAtDawn wrote: »
    Better sue them for ever penny you can get so OP. That will right their unintentional wrong.

    It's not necessary that damage was intentional


  • Options
    #113
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭LegacyUser


    Amsteresident wrote: »
    Hi all, it's been a long time since I posted here. Since I was on last: the company let me go In February. They gave me 2 weeks notice. I'm not based in Ireland, but holland.

    Hi Op

    What was the reason they gave you for letting you go? Could you go down the unfair dismissal route if your other case is not successful.

    Best of luck - you have been badly treated by them.


  • Options
    #114
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    nikkibikki wrote: »
    OP, your ex-colleague has obviously been coached and/or threatened into changing his mind about what he saw. To me, if it went to court, it would look seriously unfavourably on your ex-employers, especially coupled with the fact that they let you go. Speak to your solicitor before dropping this.

    That's a hell of an expensive risk you are advising the op to take, it looks seriously favourable now for the employer as there were people present but no one "saw" it happening the way the op described it.


  • Options
    #115
    Courtn2
    Registered Users Posts: 25 ✭Courtn2


    OP - 1st off I'm not a legal professional in any way, shape or form, but I agree with nikkibikki - you need to know where you stand as of now. Talk to your own solicitor as to your chances and if you have no previous experience with them, get a solid recommendation of a solicitor and a second opinion to put your mind at ease one way or the other.

    Had a less serious incident a good few years ago, where the solicitor was on the verge of dropping everything, leaving me in hoc when the offending party paid up out of court. The evidence didn't come down to witness statements - there was an obvious injury but the settlement may have been "go-away money".

    You need to have a solicitor you can trust who will be absolutely straight with you and for what it's worth, I think it's worth one extra consultation rather than giving up.


  • Options
    #116
    nikkibikki
    Registered Users Posts: 1,226 ✭✭✭nikkibikki


    davo10 wrote:
    That's a hell of an expensive risk you are advising the op to take, it looks seriously favourable now for the employer as there were people present but no one "saw" it happening the way the op described it.


    An expensive risk to speak to the solicitor they've already employed?? How so?


  • Options
    #117
    StupidLikeAFox
    Registered Users Posts: 7,711 ✭✭✭StupidLikeAFox


    nikkibikki wrote: »
    OP, your ex-colleague has obviously been coached and/or threatened into changing his mind about what he saw. To me, if it went to court, it would look seriously unfavourably on your ex-employers, especially coupled with the fact that they let you go. Speak to your solicitor before dropping this.

    The problem is proving it in court.

    I agree with the sentiments though, and I would hate to see the company win in this case. By the sounds of things though, the company are rattled so may not want to see this go to court and might settle. But yeah, have a good talk with your solicitor!


  • Options
    #118
    Cartman78
    Registered Users Posts: 9,682 ✭✭✭Cartman78


    PistolsAtDawn wrote: »
    Better sue them for ever penny you can get so OP. That will right their unintentional wrong.

    Not having a go, but I think if you were to experience tinnitus for an hour (just to get a feel for it) you might have a very different opinion.

    As others have alluded to, it seems from the info presented by the OP that this case shouldn't be lumped in with 'compo-culture' claims that infuriate us all,and ultimately lead to higher premiums etc.

    Best of luck OP - sincerely hope things work out for you


  • Options
    #119
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    nikkibikki wrote: »
    An expensive risk to speak to the solicitor they've already employed?? How so?

    Expensive to go to court, if you lose, you pay both sides legal fees.


  • Options
    #120
    nikkibikki
    Registered Users Posts: 1,226 ✭✭✭nikkibikki


    davo10 wrote:
    Expensive to go to court, if you lose, you pay both sides legal fees.


    I wasn't advising them to go to court, I was advising them to speak to their solicitor, who would have much more insight than you or I.


  • Advertisement
  • Options
    #121
    billybonkers
    Registered Users Posts: 2,293 ✭✭✭billybonkers


    This is absolutely ridiculous. OP already has a witness statement, OP clearly has tinnitus caused by the accident. The fact that a big wig flew over from the UK to sit down with OPs witness and discourage them from aiding OP is outrageous. The accident report clearly stating that the manager popped the packaging behind OPs ear....

    How is this not a clear cut case against the manager/ex employer?

    It baffles me...


Advertisement