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Buachaill
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 10458
Experience:  Barrister 17 years experience
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I complained to my employer about bullying at work. I have

Resolved Question:

I complained to my employer about bullying at work. I have been on sick leave since last September. The company paid me six months full salary and now I am receiving half salary. The half salary will also be paid for six months.

My employer has advised me I have three options regarding my situation. They said I can go back to work in a different department, submit a formal complaint or they will pay me a financial reward. My question is given the circumstances I am in, how much am I likely to receive and will the payment be treated as a redundancy / termination?

I have worked with the company over seven years and have an annual salary of €40K.

Thanks
Submitted: 2 years ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 2 years ago.

Buachaill :

1. Before you should consider your potential payout here, you should at least be aware of your legal rights. YOu seem to be unaware that under the Equal status act, an employer is liable for all acts of bullying or harassment which occurs at work. It makes no difference that the employer was not involved and it merely was by one employee on another, the employer is liable as well as the employee. So you should be getting full pay if you are off sick as a result of being bullied at work. Additionally, you are entitled to your job and should not be forced to leave. Additionally, should you have to leave your job, then it is an unfair dismissal and you are entitled to two years pay (80k) plus any other losses you have suffered, such as medical expenses and any losses which flow from losing your job.

Customer: Hi there, thanks for your answer.
Customer: Thanks for your answer.
Customer: I am currently being paid under the company sick pay policy. They pay six months full pay then six months half salary as long as you are certified, which I am. I had no contact at all from the company while out sick apart from in April when HR contacted me to see the company doctor. This is in line with the company sick policy. Until I saw the company doctor the company had no idea I was off sick due to work related problems.
Customer: I met HR and told them about the bullying from my manager and they said they would speak to her superiors, which they did. I had a second meeting with HR and it was then they told me I had three options. I could file a formal grievance, go back in a different department or take a financial settlement.
Customer: Therefore the company did not know until April I was out sick with work related stress and as they have given me three options they are not forcing me to leave. I have been out since last September and I find it strange the company made no contact until April and that was because it was company policy - to see the company doctor.
Customer: Does this change my rights as outlined in your answer? If I am to leave I wish to negiotiate a decent settlement in order to start again. I have suffered significant damage to my confidence and medical expenses in relation to this situation.
Customer: The manager was reviewing all my emails for eg: thanks mary to a client!. It was degrading and humiliating. She also isolated me and did not call me though called my colleagues constantly. She is a new manager and I had no issues with the previous manager. I am concerned they will offer me a ridiculous settlement which will basically be useless to me and not enable me to take the time to build my confidence back and start afresh somewhere else.
Buachaill :

2. None of the details of how the company are handling your case changes my opinion. However, you should have notified your employer about the bullying earlier when you went off sick.Ultimately, you need to be willing to litigate should the settlement offer not be sufficient.

Buachaill, Barrister
Satisfied Customers: 10458
Experience: Barrister 17 years experience
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