# bullying at work



## mos (20 Jul 2010)

I am being bullied at work, its more intimidation than anything, and am in fear of goin to work, i have told my employer the whole story and that i am refusing to work with the person involved, but he still wants to send me to work with him, we are only a small company and have only 2 vans on the road, he wont put me on the other van! I dunno wat to do, i have loss of earnings now because he told me there is no work unless i go in the van wit the person involved, i have 3 kids to support and i dont know wat to do!!


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## iscritto (20 Jul 2010)

Bosses like this really annoy me. They have a duty of care to you as an employee. Formally advise your boss in written what is happening... give examples. If your boss does not react, is there someone higher you can talk too.


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## Purple (23 Jul 2010)

Your boss has to sort this out. If he doesn't it amounts to constructive dismissal. If he doesn’t sort it out he’s an idiot. He should be paying you for the time that you are out, if you are out.


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## Latrade (23 Jul 2010)

As others have said, the employer must follow up on the complaint. Moving you to another van with another driver isn't the solution either, various cases have shown this is the same as ignoring the problem. 

Your company should have a policy on how they will deal with the complaint and the process for raising the issue. If they don't have one, there's a problem to begin with, but there are guides and codes available that show what a fair and just system of investigation would be.

As Purple has said, the current actions are heading to constructive dismissal, but they're also possibly looking at an issue of "penalisation" under health and safety law. You've suffered a loss of earnings after making a genuine health and safety complaint, it could be determined in the Rights Commissioner that you have been penalised. 

It really depends on how you wish to procede, by the sounds of it you want the issue sorted rather than any protracted legal route. You may need to arrange a formal meeting with your employer just to state that you're making a formal complaint against the individual.


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## Bigbird (4 Aug 2010)

*Health and safety at work
*

Bullying in the workplace can affect both the safety and the health of employees. Under the Safety, Health and Welfare at Work Act 2005 (pdf) employers have a duty to ensure the health and safety of their employees in the workplace. Under section 8 of the Act your employer is required to“prevent any improper conduct or behaviour likely to put the safety, health and welfare of employees at risk”.  Your duty as an employee is not to engage in improper behaviour which would endanger  the health, safety and welfare of yourself or the other employees. 
The Health and Safety Authority works to ensure that workplace bullying is not tolerated and that employers have procedures for dealing with bullying at work. It provides information and advice on bullying and is responsible for the Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work. This Code sets out guidance notes for employees, employers and trade unions on dealing with bullying in the workplace. 
Your employer must take reasonable steps to prevent bullying in the workplace. There should be an anti-bullying policy and established procedures for dealing with complaints of bullying in the workplace. Your employer should deal with such complaints immediately. The Labour Relations Commission has published a Code of Practice detailing Procedures for Addressing Bullying in the Workplace (pdf).

This is from  citizensinformation.ie   There are loads of different websites which deal with this issue in a very comprehensive manner.  Google.  Honestly,  I wish that people with deep inner conflict and issues came with a warning sign or that they'd take some personal responsibility for their behaviour and seek help. No, unfortunately most of them continue with their lives and try to bring others down with them. I wish they'd all just get lost.  Sorry rant over - should have more compassion but......

I hope things work out for you and i'm sorry to hear you're being treated so poorly. Don't put up with it.

BB


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## mos (7 Aug 2010)

I have made a formal complaint against the person involved and i got a reply letter off my boss, which was a warning about my absence from work!! I have had numerous conversations wit him and tried to sort it out quickly but he dont listen!! I am currently out of work due to stress and anxiety! I have made my complaint to the health and safety authority, so its just a waiting game at the moment!! I have told my boss this and he sent me another letter sayin that he wants to sort thye problem out amicably!! The man is so frustrating, and my head is wrecked with it all!!


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## Complainer (7 Aug 2010)

mos said:


> I have told my boss this and he sent me another letter sayin that he wants to sort thye problem out amicably!! The man is so frustrating, and my head is wrecked with it all!!


I'm not sure why this letter would wreck your head. This sounds like an offer to move forward constructively. Did you respond to this letter with a proposal to move things forward?


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## mos (7 Aug 2010)

But i have tried to sort things out, i have requested a change of vans and in the first letter he said that he is refusing to do that, and i have had numerous conversations with him and i just keep explaining the reasons over and over again!! The reason my head is wrecked with it is because why would he send me a letter of warning about my work attendance 2 days after i sent him a letter about the complaint of bullying and then when i mention health and safety authority he decides he wants to sort it out!! I mentioned an independant mediator and he refused saying he didnt think it was that big a problem!! He says he wants to sort things out but when i put ways of doing it to him he just says no, so now "complainer" do u understand why my head is wrecked with it all!! This has been on going now for nearly a month and i have tried everything to sort it out, the health and safety authority was me last option!!


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## Complainer (7 Aug 2010)

I can certainly understand why this is very stressful for you. However, it does look like you are demanding on a specific solution. I think you need to be open to other solutions. There may well be a possible solution that involves not changing vans, i.e. he gets the other guy to stop bullying you. In my opinion, you should be telling him that you just want to get on with your job without being bullied. It is up to him how he makes that happen, i.e. change van or change the bully's behaviour.


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## mos (7 Aug 2010)

if u have read my first post u can see there is only 2 vans on the road and he only has 4 men working for him, the man in question is about 6 ft 8 and 20 stone (no exageration) its been on going for 3 year, its my faulty for letting it go on so long!! my boss knows the type of person the man is because he said it to me when i put the complaint forward first!! You dont know my boss ya see, i have put forward alot of options and he has just shot them straight down!! How am i demanding a specific solution when i have been the one putting forward the ideas?? My boss has never once said he is gonna sort it out!! He keeps trying to put me on the van with the "bully" I have told him i just want to work, but i just cant work with the man!! and he just isn`t listening!! And tell me this how can i go to work if i am actually afraid to!! cause i know now i havnt got the backing of my boss and not one of my other co-workers have tried to contact me!!


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## Complainer (9 Aug 2010)

I don't see what the man's  size or height have to do with it. It looks like you are insisting on one particular solution - you want to go onto the other van. 

In all fairness, that is not your decision. The manager has to manage. If he can some up a workable other solution (i.e. stop the guy bullying you), then you need to be prepared to go with that.


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## Tessi (9 Aug 2010)

Hi mos

I disagree with complainer.  It seems to me that you have given your employer too many chances to resolve the bullying situation and he hasn't bothered his ass untill you mentioned the h & S authority.  Employers have a serious responsibility to act immediately and to take ANY form of bullying serious.  He should have ensured your safety/welfare on day one (either comfronting the bully immediately or temporarily allowing you to go in the other van ontil he had resolved the matter)

I would continue with the complaint with the H & S auth and get their advice.  Your employer needs to understand that if he wants to be an employer he needs to sharpen up and go by the rules and regulation put in place to help and benefit all involved.  

Don't stress yourself out.  Its your employers problem brought on by himself so let him do a bit of stressing.  best of luck


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## ajapale (31 Dec 2010)

A follow up question has been posted by the OP.


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## grant (5 Jan 2011)

If I were you, I would sent written compaints to your boss and save all of his and your e-mails about this issue... all this will serve as proof of his imcompetence... if you can prove what's going on in any material way, make sure you save everything...


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