Facebook harassment from work colleague

Pineapple stu

Bandana boy wrote: »

If a co-worker was bullying you (requires more than one incident) then regardless of the location if brought to the employers attention they have a duty to try and protect there employee.

A one of argument outside work would not be bullying but if it was work related it could be considered harassment.

I agree but in this case its just a case of the OP taking offence at a few comments posted on facebook which could be dealt with easy enough without bringing the employer into it when the comments wasnt made in work or from a work computer. Im against bullying in any form but in this case i read it as an over reaction and especially some of the replies on here.

Pineapple stu

funkyjebus wrote: »

Oh dear.

An arguement no, of course not, that indicates it was two sided and a one off event:rolleyes:. If however you were bullied while in spain by a colleague and it in any way could be deemed to affect the bullied employee at work, then yes unequivocally it would be deemed to fall under bullying at the workplace under Irish law.

In addition, I have no interest in talking to you about Insurance brokers, and your opinions (as misguided as they may be) regarding same, I was mearly relating where I get my basis of information and experience in these matters from. What experience do you have that might give credibility to your statements.

Sure, it's true it could be nipped in the bud and not made a work matter, however the fact remains (and yes it is a fact, refer to the Employment Equality Act if you are still in any doubt) that the employee has a right to make it a work matter and the employers have a duty to investigate and discipline the offending employee is deemed necessary.

I'm not looking for an arguement here, but the OP dererves to know their rights and stating that they don't have a avenue to go down with the employer is highly erroneous and will only lead to confusion. If you have any evidence to support your 'theory' then I'd love to see it.

I didnt say they dont have an avenue to go down with the employer and my opinons are far from misguided but based on common sense . Just because you work in insurance doesnt qualify you anymore than anyone else on the matter. What if i worked with you and you got abusive with me on here? there isnt hope that id bring it to the attention of the employer as in my opinion it has nothing to do with them. If you kept at it in work then i may mention it and in evidence mention that you started it on here.
Going by the first post its the OP that took it to the workplace and made it worse. If he/she hadnt confronted the person then it may not have spreaded to the workplace and like you said, we dont know the full story and if the comments was made to bully or just ment to be light hearted fun which the OP took offence at. We also dont know what the OP has said via facebook or when confronting the person and his/her comments could be equally insulting or abusive.

dellas1979

Pineapple stu wrote: »

I agree but in this case its just a case of the OP taking offence at a few comments posted on facebook which could be dealt with easy enough without bringing the employer into it when the comments wasnt made in work or from a work computer. Im against bullying in any form but in this case i read it as an over reaction and especially some of the replies on here.

I would see your opinion as an under reaction, and please never get involved in the HR field.

HR at least have a duty to investigate.

What you deem as acceptable "banter" or "just comments" from a colleague, others do not. And vice versa.

senordingdong

Reporting him on Facebook would probably garner a quicker response.

dellas1979

senordingdong wrote: »

Reporting him on Facebook would probably garner a quicker response.

Yes - but it doesnt change the fact that he has to work with him.

senordingdong

dellas1979 wrote: »

Yes - but it doesnt change the fact that he has to work with him.

Ofcourse not.
The Facebook problem should be reported to the Facebook authorities.
Much the way the workplace harassment was reported to the workplace authorities.

dellas1979

Its called "harassment" not "workplace harassment".

Harassment by a colleague is not limited to "being in the place of work".

Shelflife

dellas1979 wrote: »

Its called "harassment" not "workplace harassment".

Harassment by a colleague is not limited to "being in the place of work".

Yes but if a work colleague harasses you outside of work its a civil or garda problem, not a HR problem.

nxbyveromdwjpg

Spadina wrote: »

Blocking him won't make a difference, as that won't stop him leaving comments on mutual friends' walls, only the OP's.

It will, he won't see the OP's posts or comments no matter whos wall their on, and vice versa.
Blocked that is, not to be confused with just removing as a friend.

dellas1979

Shelflife wrote: »

Yes but if a work colleague harasses you outside of work its a civil or garda problem, not a HR problem.

No it is not!

Hahahaha! I cant believe some of the stuff on here! I can see why you persist in saying/thinking that, but it is definitley not the case.

This is why most of the country go around with knots in their stomach for the crap they put up with at work or from colleagues, because they believe this tripe above.

You do not, under any circumstance, have to put up with a colleague harassing you, in anyway shape or form.

Now, lets say this "colleague" is using their PC at work to do some of this harassing, would that then mean "work place harassment"? How far are people going to go to justify a workmate causing another problems.

Pineapple stu

dellas1979 wrote: »

I would see your opinion as an under reaction, and please never get involved in the HR field.

HR at least have a duty to investigate.

What you deem as acceptable "banter" or "just comments" from a colleague, others do not. And vice versa.

Its a better and more reasonable reaction based on the limited and one sided info given in the OP than some of the fly off the handle responses on here.
The only time from whats in OP that their supervisor/manager etc could get involved is when the OP took the issue into the workplace and an argument blew up and both parties should be talked to about their behaviour resulting from the argument.
Its not an issue for HR.
I agree on whats acceptable banter to some is not to others but from the OP we dont really know how severe the comments was and in what context they was made in. We also dont know how and in what manner the OP approached the other person involved .
To me its a facebook thing and not worth the over reaction and getting your job involved when the comments had nothing to do with them.
Was the comments made on a personal friends wall or a "facebook friend" wall? If its a personal friend then they could also block this person and depending on the seriousness of the comments facebook would remove the person's account. Its a case of dealing with your own issues instead of involving others who had nothing to do with it in the first place.

Sonovagun

I agree it's a complicated issue, but the issue started in work and has over spilled on to a social network. I believe, as do many of my work mates, that because it started in work makes it a work related incident! It just hasn't been a single incident, it's been serveral and i have been able copy the comments and produce them to HR. The abuse i recieved in work was verbal and lack of witnesses willing to come forward makes it hard for me to prove there was any. So the FB comments i have copied should be proof!

I have spoken to HR. I rised the issue of bullying. I told them everything. I expressed my disappointment and lack of help i recieved from team managers!

It's being treated seriously and as a work issue!

And thanks once again to everyones help!

Shelflife

dellas1979 wrote: »

No it is not!

Hahahaha! I cant believe some of the stuff on here! I can see why you persist in saying/thinking that, but it is definitley not the case.

This is why most of the country go around with knots in their stomach for the crap they put up with at work or from colleagues, because they believe this tripe above.

You do not, under any circumstance, have to put up with a colleague harassing you, in anyway shape or form.

Now, lets say this "colleague" is using their PC at work to do some of this harassing, would that then mean "work place harassment"? How far are people going to go to justify a workmate causing another problems.

Dellas at no point did i try to justify a workmate causing another problems and at no point did i condone the colleagues actions, my point was if you bothered to read the whole thread was that its a grey area as to how HR handle a problem between workmates that happens outside the work place.

the difficulties lie in trying to discipline a worker for actions that are outside and unconnected with the workplace, its a tightrope for HR to walk as they must ensure that the OP is protected and that the work mates rights are not affected. (im not saying that the work mate has the right to bully anyone)

as it happens the OP has clarified that the problem started in work and spilled over, making the line a bit clearer for the HR to act. Hopefully it will result in some peace for the OP

Pineapple stu

Sonovagun wrote: »

I agree it's a complicated issue, but the issue started in work and has over spilled on to a social network. I believe, as do many of my work mates, that because it started in work makes it a work related incident! It just hasn't been a single incident, it's been serveral and i have been able copy the comments and produce them to HR. The abuse i recieved in work was verbal and lack of witnesses willing to come forward makes it hard for me to prove there was any. So the FB comments i have copied should be proof!

I have spoken to HR. I rised the issue of bullying. I told them everything. I expressed my disappointment and lack of help i recieved from team managers!

It's being treated seriously and as a work issue!

And thanks once again to everyones help!

Why didnt you say this in your opening post as it would have saved a good few replies? Its not complicated at all. From your OP and this post i get the impression that you are not telling us the full story but thats my opinion only .
Is it one sided? do you give it back? Have you past issues with this person? if its as serious as you make it out to be, why arent the witnesses coming forward?
The facebook comments are just for facebook and your boss cant act on them as the other person could say they didnt post them and their account was hacked which happens.
If it concerns you this much then report it up the line ( like you have ) and if it still continues and nothing being done then take the legal route.

Noo

If your child was been harrassed on facebook by classmates and then received further abuse in school when they tried to confront the bully what would the situation be then??

According to many people here you would tell your child not to report it to a teacher/principal because facebook is outside of school and basically just put up with the stress and anxiety and just go to class with the person everyday. I dont see how this is any different.

No matter how old you are bullying is still very distressful and should not be tolerated under any circumstances. It should definitely be reported.

Sorry you've said many time you've reported it, but yeah keep at them this is definitely a work issue

Pineapple stu

Its not school is it .

Noo

Pineapple stu wrote: »

Its not school is it .

I fail to see your point.
But its the exact attitude many other people here are talking about...basically just get over it, sometimes its not that simple and can be distressing for the individual involved and take over their life completely. Schools take bullying very seriously and kids are warned and taught about it all through their school years. My point is at what age in a persons life does being bullied become acceptable and they just have to put up with it?

Anti bullying policies are in schools.
Anti bullying policies are in the workplace.
Its all the same no matter at what stage in life it happens.

Pineapple stu

Totally diffrent. we have only one side of the story here and we are talking about two grown adults who should know better and can deal with it better. Who said "Just get over it " ?

funkyjebus

Pineapple stu wrote: »

Why didnt you say this in your opening post as it would have saved a good few replies? Its not complicated at all. From your OP and this post i get the impression that you are not telling us the full story but thats my opinion only .
Is it one sided? do you give it back? Have you past issues with this person? if its as serious as you make it out to be, why arent the witnesses coming forward?
The facebook comments are just for facebook and your boss cant act on them as the other person could say they didnt post them and their account was hacked which happens.
If it concerns you this much then report it up the line ( like you have ) and if it still continues and nothing being done then take the legal route.

In all fairness, its up to the OP as to what details they disclose and feel pertinent and of course they aren't telling they full story, that much is very obvious from the OP.

In additon the Op came on looking for advice based on the facts provided and is not looking for questions, which for some reason you are asking and is not really your business.

The Op's boss can act on the facebook comments, again may I ask where you are getting your facts from?

There is no need for a legal route until the Op's employer investigates. What legal route do you mean, sue the employer, the employee, now I think thats a little over the top and hypocritical considering you said in your earlier post the bringing to HR was an over reaction?? I would however mention it in passing the next time you are talking to HR if you feel they are not acting strongly enough.

funkyjebus

Pineapple stu wrote: »

Totally diffrent. we have only one side of the story here and we are talking about two grown adults who should know better and can deal with it better. Who said "Just get over it " ?

I think you've missed the point of the OP, they are not looking for you to referee or opnion on who is right or wrong (as we don't have enough info) but are looking for advise on a course of action. We do not need the other side of the story to advise the Op of their employment rights.

Thats quite the assumption that the Op should know better, how do you make this out and how do you know there is / was a better way to deal with it given we don't know, by your own admission, the full story.

Noo

oh I know we only have one side but the OP is asking what to do on their side, if they feel theyre being bullied/harassed we have to assume that they actually are. I'm not sure the exact words get over it have been used but people have suggested they just ignore the person and that they are just over reacting. Thats like telling a person with depression to cheer up and get over it.

If its not you its all too easy to say sure theyre adults they can sort it out themselves...obviously not, this person had tried the adult approach by talking to them but was confronted with a child by the sounds of it. If thats how they behave then by all means treat them like a child and tell on them (in the going to HR adult way).

Sonovagun

Hi all. Sorry for bringing this topic back to life!

I've had a horrid time with HR trying to get them to resolve this problem. Basically they were just hoping it would go away, but it hasn't. The abuse and bullying has continued on both Facebook and in work. I haven't given up and i have being pushing this issue with anyone who will listen. I finally have a meeting next week with HR. But i feel the worst.

Can anyone tell me where i can get Irish legislation on the interweb that i can bring into this meeting to back my case.

Thanking you in advance!

bbam

Sonovagun wrote: »

Hi all. Sorry for bringing this topic back to life!

I've had a horrid time with HR trying to get them to resolve this problem. Basically they were just hoping it would go away, but it hasn't. The abuse and bullying has continued on both Facebook and in work. I haven't given up and i have being pushing this issue with anyone who will listen. I finally have a meeting next week with HR. But i feel the worst.

Can anyone tell me where i can get Irish legislation on the interweb that i can bring into this meeting to back my case.

Thanking you in advance!

Here you go..
http://www.citizensinformation.ie/en/employment/equality_in_work/bullying_in_the_workplace.html

Best of luck and remember YOU are in the right here and it's their responsibility to sort this out..

fl4pj4ck

Sonovagun wrote: »

Hi all. Sorry for bringing this topic back to life!

I've had a horrid time with HR trying to get them to resolve this problem. Basically they were just hoping it would go away, but it hasn't. The abuse and bullying has continued on both Facebook and in work. I haven't given up and i have being pushing this issue with anyone who will listen. I finally have a meeting next week with HR. But i feel the worst.

Can anyone tell me where i can get Irish legislation on the interweb that i can bring into this meeting to back my case.

Thanking you in advance!

if they still refusing to act on it, take it to the solicitor. one letter and they will be so frightened by potential damage and costs of the case, they will act on it straight away

some reading:
http://www.efc.ie/full-publications.php?id_publications=151

A code of practice issued by the Equality Authority suggests that the scope of the protections under the Equality Acts extends past the workplace and would include work-related events (although the position of work-related social events is not clear).

In the 2002 case of Maguire v North Eastern Health Board, the Equality Tribunal held the employer liable for discriminatory comments made to an employee at a Staff Christmas Party.

http://www.geminiconsultants.ie/casestudies_workplace.html

Mr. Quigley was awarded in excess of €75,000 for psychiatric injury suffered by him as a direct consequence of his employer’s breach of duty to prevent workplace bullying.

Sonovagun

Thanks guys. I'll let you know how I get on.

Pineapple stu

How are you still being bullied on Facebook? havent you sorted out your privacy? Are you actively searching for any comments made about you?.
Have you sent a complaint to facebook privacy?.

What reasons have H/R given for not dealing with it?

What is being said to you that you take it as bullying? if you responded, then could it classed as offensive? meaning, do you give as good as you get?

Sonovagun

The abuse has continued in work and on Facebook.

The abuse in work is demeaning and degrading and occurs when there's no witnesses. Initially I reacted and confronted the bully, which lead to me been spoken to by management. So I no longer took this approach. Instead I reported each incident, but still got no where.

The abuse on Facebook is child like. Calling me fat this and fat that. But it's these comments that are the only proof that I am the target of this bully. The bully makes these comments under posts that I have already made. They generally make the comment, leave it up for a while and then delete it. But I have managed to copy and print them.

Sure I could block them on Facebook, but at the moment FB is the only proof I have. I believe That if I want this to be resolved in the

HR have been totally negligent in dealing with this problem. They haven't even spoken to the culprit.

Today I am searching the web for legalities to take to HR, to force them to act.

I don't want anyone sacked. I just want to get back to normal and not have to work in a hostile emviroment.

cruizer101

Could you try go above HR, let whoever above know the situation and that HR aren't dealing with the issue, they may then put pressure on HR. I know HR should be dealing with it and you shouldn't have to go above them but might be an option to consider.

Sonovagun

cruizer101 wrote: »

Could you try go above HR, let whoever above know the situation and that HR aren't dealing with the issue, they may then put pressure on HR. I know HR should be dealing with it and you shouldn't have to go above them but might be an option to consider.

Thats my next move! But i'll wait till this meeting!