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Need an ex Siptu rep to testify... seems to be turning his back on me

  • 01-12-2024 10:33PM
    #1
    Registered Users, Registered Users 2 Posts: 104 ✭✭


    So in this case I have actual proof of bullying, but I'm completely dependent on the union rep to testify in a WRC hearing. I'm going to keep trying his phone. Now the thing is that I'm still a member of Siptu but with a different company. So I'm wondering if it came to it, could I somehow request to the Siptu president, that this particular rep be summoned to the hearing. Or maybe that he'd talk to him for me. I know I'd be kicking his butt into line if i were head of Siptu. There's got to be something I can do if I'm still in the union?



Comments

  • Moderators, Business & Finance Moderators Posts: 10,818 Mod ✭✭✭✭Jim2007


    Get yourself a solicitor, because this is not how you go about getting a witness to testify on your behalf and the last thing you need is a hostile witness!



  • Registered Users, Registered Users 2 Posts: 104 ✭✭Will Graham


    So how do you go about getting a witness to testify? I'm all hears.

    Solicitors cost thousands, and are only as good as the evidence they've got to work with. Without the rep I have no evidence to work with. Unless you're saying that I should get a solicitor to convince the rep to testify?

    You seem to be very obtuse in all your posts.



  • Registered Users, Registered Users 2 Posts: 659 ✭✭✭AnRothar


    Perhaps you could clarify a couple of point's.

    You are taking a case to the WRC on your own?

    Or

    Is it with the assistance of SIPTU?

    It is against a former employer?

    And

    The rep is still an employee of this company?The

    Or

    Its against your current employer?

    And

    The rep no longer works for the company?



  • Registered Users, Registered Users 2 Posts: 104 ✭✭Will Graham


    former employer of mine that rep still works for… planned on taking case on my own, but I could perhaps get Siptu officials involved seeing as I'm still with them.



  • Registered Users, Registered Users 2 Posts: 659 ✭✭✭AnRothar


    Ok, slightly clearer.

    Since you are no longer employed there It may be complicated.

    You mention that you are a member of SIPTU in your current place of.employment.

    It would make.sense for you to approach your "new" "local rep" and request of they can put you in contact with SIPTU proper.



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  • Registered Users, Registered Users 2 Posts: 104 ✭✭Will Graham


    I know the names of the people in question alright… haven't heard good things about them min you. But being honest I don't have a lot of faith in this union. But if those guys are the boss of my ex-rep, and if their any good at all, then they'll have a quiet word with him. It will be more awkward for him now having avoided a second call of mine today. He hasn't blocked my number yet. Now the other option would eb for me to get a ex colleague (friend) of mine to have a chat with him. In fact I heard recently that some of the reps in that company have actually removed people from the Siptu whatsapp group for getting to expressive!! Can you imagine!



  • Moderators, Business & Finance Moderators Posts: 10,818 Mod ✭✭✭✭Jim2007


    You can't convince or pressure some one to give evidence it could be considered tampering, which is a very serious matter. If your complaint depends on a hostile witness, then you can bet the company's solicitor will go hard on them, it doesn't take much for a person to go from I heard something, to I'm not sure to I don't recall…. Get yourself proper legal advice, because the company will.



  • Registered Users, Registered Users 2 Posts: 5,950 ✭✭✭caviardreams


    The more relevant question perhaps is, if you're not working there anymore, what are you seeking out of taking the case? If it's for the health impact caused to you by the bullying, that's a personal injury claim, not the WRC. If they fired you over the bullying, fair enough, it's an unfair dismissal claim, potentially, but that doesn't seem to be the case from your post

    What outcome are you looking for? maybe there isn't one, which is putting siptu off engaging



  • Registered Users, Registered Users 2 Posts: 104 ✭✭Will Graham


    I see where you're coming from. Not quite sure about the use of the word hostile? He's a grown man, so surely he'll decide beforehand whether he's okay with doing it or not. It's not like he's going to start shaking in the middle of it, or throw a tantrum.



  • Registered Users, Registered Users 2 Posts: 104 ✭✭Will Graham


    Well it's not just the bullying, but the fact that after the initial report, another more senior non local manager got involved with a predetermined decision. I've proof that it was predetermined. There's another employment violation too.

    I mean I guess it effected my mental health, but how do you decide the difference between some just prove that.



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  • Registered Users, Registered Users 2 Posts: 5,950 ✭✭✭caviardreams


    Were you given a chance to appeal and did you? If you didn't and you were given a chance, then the WRC will likely say you should have brought up any procedural concerns during the appeal.

    I'm not saying you don't have a case. I just wouldn't want you wasting your time, as it sounds like you've been through an awful lot already. And honestly, the odds are stacked so much in favour of employers, especially if you're relying on verbal evidence from a witness, rather than cold, hard written documents. It may have even more of an impact on your health to continue pursuing it and all the stress involved in trying to get witnesses etc. Even if you know it's the right thing to do. Life is too short, and justice rarely happens



  • Registered Users, Registered Users 2 Posts: 524 ✭✭✭Dublinandy3


    You say you only called him twice, maybe he's just busy. I miss 95% of all my calls, some people never get to speak to me. Not because I'm avoiding them. Go via your union, seems the easiest option.

    Also if you case is as slam dunk as you say, get a solicitor to help you.



  • Moderators, Business & Finance Moderators Posts: 10,818 Mod ✭✭✭✭Jim2007


    • You are asking him to testify against his current employer and you are not even working there anymore
    • You don't know what his evidence actually is - he might contradict you or simply "not recall"
    • And he is ignoring your calls

    It's a fair bet that he will not be on your side…



  • Registered Users, Registered Users 2 Posts: 31,705 ✭✭✭✭AndrewJRenko


    He's not a SIPTU official. An official would be a full time SIPTU staff member. He's a union rep, which is a different league entirely - someone who volunteers to take on certain roles within the union locally, to assist their colleagues.



  • Registered Users, Registered Users 2 Posts: 104 ✭✭Will Graham


    So I got through to him. He basically said that he wouldn't be comfortable doing it as he's a decade or two left in the company. He did say however, that if his union official compelled him to do it, that he would then do it.



  • Moderators, Business & Finance Moderators Posts: 10,818 Mod ✭✭✭✭Jim2007


    Hmm, not surperised. And you still don't know what he'd actually say… plus the company solicitor will ask the obvious question: did anyone threaten you or compile you to come hear today.



  • Registered Users, Registered Users 2 Posts: 5,950 ✭✭✭caviardreams


    Chances are you will get a lot of "do not recall"



  • Registered Users, Registered Users 2 Posts: 1 genhum


    Yes, as a current SIPTU member, you can take steps to address the issue with your union representative. Here's what you can do:

    1. Contact the Local SIPTU Office: Reach out to your local SIPTU office to explain the situation and request their assistance in ensuring the representative participates in the WRC hearing. They may intervene or escalate the matter.
    2. Request Union Support at a Higher Level: Write to the SIPTU president or another senior official, explaining
      dgme.info


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