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Recording conversations to prove bullying by employer

  • 10-03-2012 10:20am
    #1
    UDP
    Closed Accounts Posts: 1,188 ✭✭✭


    Hi,

    I know this has been done before with regards recording without consent in that it most likely would not be admissable in court.

    I recently heard of a case whereby a member of staff was being bullied by their employer e.g. employer making false accusations etc and being threatened over their job, all because the employee wouldn't sign a new contract that gave the employer lots of new rights over the employee. As I understand it the employee had referred it to their union and the employer did not like that at all thus why the employer was trying to bully the employee into leaving.

    I have heard this person started recording the conversations so that the verbal bullying could be proven.

    Can the person being bullied actual use these recordings as evidence in something like the labour court for constructive dismissal? If not, how is the employee supposed to prove all the bullying that is claimed to have taken place when it is happening in private? i.e. how could the employee possibly win such a case?


Comments

  • #2
    CrazyRabbit
    Registered Users, Registered Users 2 Posts: 8,659 ✭✭✭CrazyRabbit


    UDP wrote: »
    Hi,

    I know this has been done before with regards recording without consent in that it most likely would not be admissable in court.

    I recently heard of a case whereby a member of staff was being bullied by their employer e.g. employer making false accusations etc and being threatened over their job, all because the employee wouldn't sign a new contract that gave the employer lots of new rights over the employee. As I understand it the employee had referred it to their union and the employer did not like that at all thus why the employer was trying to bully the employee into leaving.

    I have heard this person started recording the conversations so that the verbal bullying could be proven.

    Can the person being bullied actual use these recordings as evidence in something like the labour court for constructive dismissal? If not, how is the employee supposed to prove all the bullying that is claimed to have taken place when it is happening in private? i.e. how could the employee possibly win such a case?

    I can't give any advice about recordings. But I would suggest that the person involved should always have a witness with them during any talks with the employer. That's how my company handles things...employees can always have an advocate/colleague with them if they wish.


  • #3
    paky
    Banned (with Prison Access) Posts: 2,138 ✭✭✭paky


    UDP wrote: »
    Can the person being bullied actual use these recordings as evidence in something like the labour court for constructive dismissal? If not, how is the employee supposed to prove all the bullying that is claimed to have taken place when it is happening in private? i.e. how could the employee possibly win such a case?

    No because the labour court would have to follow the same rules as a court in the administration of justice, which would mean in the normal course of things make such evidence inadmissable

    it would be up to the courts to determine whether the allegations constituted bullying or not. there are two sides to every story


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