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Few problems at work

  • 19-03-2023 6:03pm
    #1
    Registered Users Posts: 1


    Made a new account just nervous about even talking about this I've been very stressed at work lately due to an abusive coworker and management that enables their behaviour and looks the other way.

    Firstly, is it legal to record bullying/abusive co-workers as they have a history of getting away with threatening staff as it's their word against the one making the complaint, and if legal can it be admitted to a disciplinary hearing?

    Secondly, if you are being summoned to a meeting with a manager due to said coworker going to them with an issue that they are blowing out of proportion, are they required to tell you what the meeting is about beforehand?

    Lastly, is management required to give notice/and or a reason why they would transfer you to another department, as I've been told they're going to "get me out".

    This employee has a history or bullying and throwing tantrums to get their way, I'm just wondering is there anything I can do to prevent me becoming another one of their victims.



Comments

  • Registered Users Posts: 1 LS101


    Firstly it is illegal to record anyone without their permission or knowledge. I would not bring this up as it reflects poorly on you and could not be used by your company in an investigation.

    Secondly, if you are being called to a meeting with your manager it would be best practice for them to inform you of what the meeting relates to particularly if this relates to disciplinary action or part of an investigation before disciplinary action takes place. This would not be fair procedure if you were not informed and to allow you time to prepare the right to reply. If this is just an informal chat then they legally do not have to inform you what it relates to but again best practice so you can give informed answers.

    I would also encourage you not to listen to workplace gossip as it is usually not true and often sensationalised for effect.



  • Registered Users Posts: 70 ✭✭Azizur Rahman


    It's not illegal to record someone without their permission. One party consent is all that is required, so the person recording can give consent.

    https://www.dgod.ie/single-post/the-admissability-of-covert-recordings-in-legal-proceedings#:~:text=Only%20single%20party%20consent%20is%20required%20for%20recording%20conversations,a%20phone%20or%20in%20person.



  • Registered Users Posts: 5,051 ✭✭✭Augme


    The area around the legalities of recording private conversations is very situation and context dependent that it is difficult to give a decent answer. I would be of the opinion that it would never be admissible in an internal disciplinary hearing but more like to be allowed in a WRC case.


    If it's disciplinary meeting you are entitled to know the details of what you are being accused of and to provide your side of the situation.


    Are you a civil or public servant? If so, not. If private it would depend on your contract and where you are being moved to etc. Could be a potential breach of contract but I would assume they woukdnt be foolish enough to leave themselves open on that situation.



  • Registered Users Posts: 6,317 ✭✭✭gameoverdude




  • Moderators, Business & Finance Moderators Posts: 9,976 Mod ✭✭✭✭Jim2007


    It's not illegal to record a conversation in which you are participating and that means you would not be prosecuted for doing so. But whether it would be admissible in a court of law is an entirely different thing, some thing a judge would have to adjudicate on.



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