Court Case

purplehaze901

Hey im just wondering if one were to take legal action against someone over bullying/harassement in the workplace and outside the workplace and i had there witnesses three of which were family members. one being my mother and two being my uncles, and one uncle which had been present during the workplace bullying as he worked there with me; how does that look in court if the witnesses are family members as ive heard that its not favourable. the only thing is i was working in a family business so there were no other witnesses only family memebers?

ive already sought legal advice, i was walking out the ****in door when i rememebered about this question !1

thanks i appreciate your help

coylemj

The closer you are as a relation to the complainant the more the judge or jury might assume that you are giving evidence out of family loyalty, that's why a wife typically is considered a poor witness if she's giving an alibi to her husband or backing up something he is claiming in the witness box like that he was assaulted by some guy or that a car accident was the other guy's fault. Human nature being what it is, it's hard not to assume that she's doing it because he told her to or because she will benefit if he is awarded compensation in the case of a car accident.

It doesn't follow that putting three members of your extended family in the witness box will not bolster your case but having a completely independent witness who can show that he has no axe to grind would be worth a half dozen of your own relatives.

purplehaze901

what if one of them worked in the family business at the time i worked there?

coylemj

purplehaze901 wrote: »

what if one of them worked in the family business at the time i worked there?

Who are you referring to when you talk about 'one of them'? If you mean a family member then please read my reply to your original post.

It seems strange that you want to take an action against someone for bullying you in what appears to be your family business, why do you need to resort to the courts?

purplehaze901

yes the "one of them" is my uncle who used to work there and witnessed the abuse he gave me. so you've answered that question.

to answer your question i want to take him to court for damages, because this has caused me an enormous amount of emotional pain, this goes beyond workplace bulllying and strecthes over a 10 year period since i was eleven, i have been in counseling due to this and it has obliterated my confidence. and after being confronted he continues to do it, no one can stand up for me because everyone is afraid of him. I just want some closure on this.

The last time he was confronted about this by me he blamed my father, by saying my father was the reason he was bullying me (bull****) he's a liar a manipulator and a bully and i want something done about him. The courts is the only way this will be sorted and my solicitor says i have a good case against him.

coylemj

Can I just get this straight, is the person doing the bullying an employee of your family's business but is not actually a relative of yours?

purplehaze901

no the person doing the bullying is my uncle who is ONE of the bosses my dad is the other boss, well dads actually the director of the business i dont know if that gives him any power over my uncle.

coylemj

And what do you expect to get from a visit to the courts? If the guy doing the bullying is a part-owner of the business then he can't very well be fired so what are you hoping to get from the courts?

purplehaze901

damages and his name publicised in the paper,so that will wipe that sinister smile off his face!

Reloc8

purplehaze901 wrote: »

ive already sought legal advice, i was walking out the ****in door when i rememebered about this question !

Nobody can advise you properly here about this stuff.

Now that you're out the door would you ever pick up the phone and ask your solicitor the question which you forgot to raise ?

PCPhoto

purplehaze901 wrote: »

damages and his name publicised in the paper,so that will wipe that sinister smile off his face!

and in the meantime damaging your own family name .... and your father's company reputation...your fathers reputation.... tearing your family apart .(relations who will take sides).

All because you want "damages" and to wipe a "sinister smile off his face"

if you are bullied you are entitled to damages/compensation....if your father is above him in the workplace the blame could fall on your father for not dealing with the situation in the past - have you complained to your father and tried to get the matter resolved.

I had a similar situation in my job - but it wasn't a relative .... A guy I was working with was bullying me ... I brought it to the attention of my boss... meetings were had, agreements were made .... and over time agreements were broken ..... so I brought the matter to the boss a second time ...same thing happened (on the side the boss was saying .....look he's old its the way he is etc etc...essentially saying theres nothing he can do) ..... on the third time I told my boss I wasn't taking it anymore.....I would give him until the end of the week to find a replacement ..... I quit ...... then I joined a rival agency and now work against the other guy....so I can take pleasure in doing my job.

If you are having difficulties - do you have to go the legal route ? ...... NO ...its meant as a last resort, have you made ALL efforts to sort it out ... have you tried to seek work elsewhere ? or set up on your own.

purplehaze901

First of all my father is afraid of him and so is every one else hes a loonatic and possibly (narcissistic) he goes around shouting kicking doors and throwing things, second of all i have left there i dont work there anymore. I have witnesses to this and when my father said it to him one time he denied everything and when he came to make his lame apology even after denying everything he blamed my dad. so your probably wondering at this stage if he denied that he done anything why did he apologise, he;d say somethin like "alright sure if i roared at him then so ill apologise, i dont remember it but sure ill apologise anyway"

twisted !!

so thats why court is the only option

purplehaze901

PCPhoto. First of all my father is afraid of him and so is every one else hes a loonatic and possibly (narcissistic) he goes around shouting kicking doors and throwing things, second of all i have left there i dont work there anymore. I have witnesses to this and when my father said it to him one time he denied everything and when he came to make his lame apology even after denying everything he blamed my dad. so your probably wondering at this stage if he denied that he done anything why did he apologise, he;d say somethin like "alright sure if i roared at him then so ill apologise, i dont remember it but sure ill apologise anyway"

twisted !!

so thats why court is the only option

KylieWyley

people can get annoyed at work. with respect, i don't think this is a matter for the courts.

purplehaze901

kylie im not gonna go through this again i've already posted tooo much stuff on it and im gettin fed up now im going ahead with it but just to let you know this bullying has went on outside ht workplace and it is not just "getting annoyed" as you put it this bullying has had an awful affect on me and i had to attend counselling as aresult of it, read my other posts if you wish thats all im sayin on it anymore.

newmug

My take on all this is, that seeing as you're suing one family member, the other family members being witnesses for you balance out the "family bias".

In other words, its all an internal family thing, both the person you're suing, and your witnesses, are family. Therefore, the fact that your witnesses are related to you shouldn't matter.

amdublin

What happens if there is no report in the paper and his expression (this sinister smile) does not change afterwards?

How will you feel then?

Reloc8

I would say with 100% confidence that you would most certainly absolutely definitely lose this case and have a big hooooooooooooooog costs order made against you so you definitely 100% absolutely shouldn't take the case at all.

nb this is not legal advice and you can't rely on it.

if only there was some form of professional you could engage on a temporary basis to get legal advice on which you could rely. Somebody like, oh I don't know, I guess maybe a fortune teller *sigh*.

It sounds a bit like my idea to have a load of people driving cars that anyone could just like stop, and get into, and get driven to where-ever they wanted within reason for a price. 'Cars Temporarily For Hire for when You don't have Your Car' I was going to call them.

Ah well we can but dream.

PCPhoto

Good luck with your legal action.

Personally I think its not a good idea - but - if you are determined....go ahead - fingers crossed you get the result you want.

newmug

Reloc8 wrote: »

I would say with 100% confidence that you would most certainly absolutely definitely lose this case and have a big hooooooooooooooog costs order made against you so you definitely 100% absolutely shouldn't take the case at all.

nb this is not legal advice and you can't rely on it.

if only there was some form of professional you could engage on a temporary basis to get legal advice on which you could rely. Somebody like, oh I don't know, I guess maybe a fortune teller *sigh*.

It sounds a bit like my idea to have a load of people driving cars that anyone could just like stop, and get into, and get driven to where-ever they wanted within reason for a price. 'Cars Temporarily For Hire for when You don't have Your Car' I was going to call them.

Ah well we can but dream.

Good idea! These fortune tellers would have to charge realistic rates though, as they do feckall work, have indoor jobs, and basically never have an end to their work! They couldn't be going around saying"Oh I am perfectly capable of telling you x, y, and z, but I cant tell you how much I'm going to charge until I find out how much I can milk from you"