possibility of defamation??

nitpick man

if a person was to commit a crime ie shoplifting whilst in their work uniform and had been caught by security guard . Does the security guard or manager of the shop have any right to inform company management of the person in question of the theft?
or should gardai be informed?
what if the person loses their job over it?
could that person take action against the company for unfair dismissile.?
also would it matter or not if person was not in uniform.?
just wondering if they have a right to inform the company?

nitpick man

also maybe my thread title is a little misleading...sorry

Victor

The truth is a fairly good defence against a claim of defamation. Likewise passing a complaint through the proper channels.

MarkAnthony

Victor wrote: »

The truth is a fairly good defence against a claim of defamation. Likewise passing a complaint through the proper channels.

Total defence.

If it's true OP is ain't defamation it's information.

The employer could engage the disciplinary process and after a hearing dismiss the employee, notionally at least.

Uno my Uno.

MarkAnthony wrote: »

Total defence.

If it's true OP is ain't defamation it's information.

The employer could engage the disciplinary process and after a hearing dismiss the employee, notionally at least.

Engaging in Criminal behavior whilst wearing a company uniform would at least arguably be gross misconduct and grounds for summary dismissal.

RainyDay

The OP is a bit confusing. Was the person shoplifting at their own company, or at a different company? Were they convicted of an offence?

nitpick man

RainyDay wrote: »

The OP is a bit confusing. Was the person shoplifting at their own company, or at a different company? Were they convicted of an offence?

the person was at a different company just 3 doors away from their own. no conviction as gardai where not call but their management was informed.

MarkAnthony

nitpick man wrote: »

the person was at a different company just 3 doors away from their own. no conviction as gardai where not call but their management was informed.

Then the person making the accusation would have to be present during the disciplinary hearing to be cross examined. Until now I have assumed this is a purely hypothetical situation to bring it within the ambit of the charter.

Should a hearing/dismissal look likely one would be very unwise to to engage a solicitor with some employment experience.

Mellor

It's not defamation if it happened.
I'd can't see how informing the persons manager is in any way in breech of your rights.
If they were caught shoplifting, as opposed to accused, then I rally don't think dismissal could be considered unfair as it's obvious gross misconduct.

All imo, feel free to disagree and say why.

MarkAnthony

Mellor wrote: »

It's not defamation if it happened.
I'd can't see how informing the persons manager is in any way in breech of your rights.
If they were caught shoplifting, as opposed to accused, then I rally don't think dismissal could be considered unfair as it's obvious gross misconduct.

All imo, feel free to disagree and say why.

Unfairness can happen on grounds of procedure alone.

I want to disagree and not say why! :pac:

CarrickMcJoe

Surely this goes on all the time between businesses in an area, as in, informing each other of shoplifters operating in their stores. Management sure to find out by description of uniform.