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Nasty email

  • 30-07-2014 7:25pm
    #1
    Registered Users, Registered Users 2 Posts: 6


    So the story goes I work in your bog standard office. I got a rather vicious email from a London broker the other day (im in the insurance biz).....he basically said that I did not follow orders, orders that I had never been instructed upon. When I raised the point that I had never been told this was the process he wanted he said that it was from here on out that he wants it done like this. Ok, no problem. My issue is he defamed my character by saying that I do not do my job properly and that, furthermore, my role is superfluous. He demeaned me and I felt about two inches tall. He sent this to the inbox for the whole office to see, which was in fact seen by a colleague.

    Would I have a case of defamation against him in anyone's humble opinion?


Comments

  • Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    There is a defence of honest opinion to a defamation claim.

    I'd start with making a complaint to management.


  • Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard




  • Registered Users, Registered Users 2 Posts: 6 Cinniuint


    Somewhere between the two - Northern Ireland


  • Registered Users, Registered Users 2 Posts: 7,690 ✭✭✭eigrod


    Does your employer have a Dignity in the Workplace Charter ? They should have. And looks like this guy broke it.


  • Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    Cinniuint wrote: »
    Somewhere between the two - Northern Ireland

    So, the broker is in London, and your office is in Northern Ireland.

    You could go to see a solicitor in NI, if you are considering action. Assuming that the broker is a client, it would be worth considering how your employer might view a potential action in this regard.

    Keep a copy of the email.


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  • Registered Users, Registered Users 2 Posts: 6 Cinniuint


    Thanks The Mustard - broker is actually not a client - Insurer would be. Appreciate the advice :)


  • Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    If only one person has seen it, damages would likely be relatively modest, although it would depend on who saw it.

    If I was at the receiving end, I would treat this as an employment issue, not a defamation one. I would approach my manager, checking that the procedure I was using was correct and asking for the email to be dealt with.


  • Registered Users, Registered Users 2 Posts: 25,626 ✭✭✭✭coylemj


    Victor wrote: »
    If I was at the receiving end, I would treat this as an employment issue, not a defamation one. I would approach my manager, checking that the procedure I was using was correct and asking for the email to be dealt with.

    +1 Going down the defamation route sounds like a totally OTT approach - can you imagine a trainee chef going legal because the head chef chewed his ass off in front of the rest of the kitchen?


  • Registered Users, Registered Users 2 Posts: 6 Cinniuint


    Ah see difficulty is that explaining things here leave out half the picture. It's the third time he has done this. So I wouldn't say OTT, but I do see what you mean.


  • Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    Cinniuint wrote: »
    Ah see difficulty is that explaining things here leave out half the picture. It's the third time he has done this. So I wouldn't say OTT, but I do see what you mean.

    If I was in your position I would be talking to my manager about his behaviour. You can't be expected to work under such conditions. If they do nothing and you were to leave because of it they could find themselves looking at a case of constructive dismissal so unless they are stupid they will act on it.


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  • Closed Accounts Posts: 687 ✭✭✭Five Lamps


    Cinniuint wrote: »
    So the story goes I work in your bog standard office. I got a rather vicious email from a London broker the other day (im in the insurance biz).....he basically said that I did not follow orders, orders that I had never been instructed upon. When I raised the point that I had never been told this was the process he wanted he said that it was from here on out that he wants it done like this. Ok, no problem. My issue is he defamed my character by saying that I do not do my job properly and that, furthermore, my role is superfluous. He demeaned me and I felt about two inches tall. He sent this to the inbox for the whole office to see, which was in fact seen by a colleague.

    Would I have a case of defamation against him in anyone's humble opinion?

    I presume that his status is a "supplier" and not an employee of the customer.

    If so, the only people who can set out a process in your company is your own management.

    I would raise it with your line manager - an email like that is unacceptable and you don't have to take action on it without consultation with your manager.


  • Registered Users, Registered Users 2 Posts: 1,982 ✭✭✭kravmaga


    Cinniuint wrote: »
    So the story goes I work in your bog standard office. I got a rather vicious email from a London broker the other day (im in the insurance biz).....he basically said that I did not follow orders, orders that I had never been instructed upon. When I raised the point that I had never been told this was the process he wanted he said that it was from here on out that he wants it done like this. Ok, no problem. My issue is he defamed my character by saying that I do not do my job properly and that, furthermore, my role is superfluous. He demeaned me and I felt about two inches tall. He sent this to the inbox for the whole office to see, which was in fact seen by a colleague.

    Would I have a case of defamation against him in anyone's humble opinion?

    I would call it as inappropriate unwelcomed behaviour, must be a breach of basic Professioinal and Ethical standards required in a workplace.

    Does your company have a HR department. This could be seen as a case of Bullying in the workplace which is covered under the Irish leglisation mainly the The Safety, Health & Welfare at Work Act 2005.

    http://employmentrightsireland.com/tag/bullying/

    I would look at this not as defamation but as Bullying in the workplace, as it has happened 3 times as per your O.P.

    Put in a greviance in writing against him to H.R. or CEO/COO for Bullying in the workplace, he has reduced your dignity and disrespected you in front of colleagues by copying them in on the emails.

    The HR department must have a Staff Handbook, Statement/ Charter on Workplace Bullying/ Harrassment which you can refer to.

    Contact an Employment Law solicitor for advice also.


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