Bullying & Harassment allegations unfounded - recommendation of employment lawyer or consultant

deanpark

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In 2016 I was accused of bullying and harassing a colleague. An investigation was launched by my employer and an external firm used to conduct this investigation. I was exonerated of all of the allegations after a lengthy process.

The complainant is is in the process of negotiating a severance package with the company currently and will be leaving.

I am now considering my options such as redress against the company and/ or the complainant - does any one have a recommendation of a good employment lawyer or consultant who may be able to assist with this? Thanks.
 
As long as the company followed their policies and did not handle this case differently to any other, you have no redress against them. They are obliged to follow up allegations of bullying or harassment.
 
deanpark,
seagull is 100% correct.

Get over it ! Be under no illusion , you won .
What happened is that someone accused and the system as you say {exonerated} you.
Don,t carry your obvious anger at being so accused into the future .
 
the OP has 2 potential cases here.

The case against the employer won't work, they have a legal duty to investigate any complaints brought against them, they've done that, the OP has been exonerated and that is the end of that.

The OP could potentially have a case for slander or libel against the complainant depending on what was said but it's a high risk case, potentially financially ruinous if lost and also will generate far more publicity then the original complaint ever did.

If the OP is still harbouring a serious grudge or anger issues against the complainant (and that's perfectly understandable) then I'd recommend counseling would be a better way to go then down the 4 courts
 
Thanks for the above opinions. @ Gerry Canning & daddyman - I don't have 'obvious anger' or 'anger issues' over it, just interested to see if there's any feedback on what I can do now that the whole ordeal is over with.
 
No one can be sure of the outcome of a court case. If you were to take a court action remember that the entire thing will be hashed out once again (the court is not bound by the decision of the investigation) and this time under the rules of evidence with professional players. You may not win and if you don't that may not be a pleasant position for you to be in with respect to your employer or the damages you might have to pay the other person.
 
I've been involved in bullying allegations from the other side of the table i.e. members of staff used come to me with allegations that they were being bullied by either management or other staff members. Those were the days when I was a pro active union representative. Initial bullying allegations are ten a penny and for different reasons. The criteria of bullying are long and fast. Most cases presented to me were not bullying at all, but differences between the staff member and whatever. It is very easy to call in your union and make allegations. Allegations that made no sense were treated with contempt by me as union rep. and I would send the staff member packing. There were cases where blatant bullying was ongoing and here you had to tread carefully because (a) You were getting only one side of a story (b) The potential was there for the case to be withdrawn without notice at any time (c) You did not know how management was going to react (d) Litigation and probability that the bully would be (at least) suspended pending a hearing usually leading to dismissal or being forced resignation.

I have seen nearly 100% of bullying allegations once they passed my involvement treated in favour of the person being bullied. No problem here; bullies need to be bullied and no better person than me once an allegation was substantiated.

But, in the case proffered here (and if the full truth is being told) no bullying took place and the person accused of bullying was exonerated. I see no reason why the person here cannot be given some redress by the person who made the allegations and through legal means if necessary. Whatever way you look at this somebody was made look really bad and had a bullying accusation hanging over him and his reputation tarnished. The mental pressure alone is alarming not to mention what staff and management thought on an ongoing basis.
 
I see no reason why the person here cannot be given some redress by the person who made the allegations and through legal means if necessary. Whatever way you look at this somebody was made look really bad and had a bullying accusation hanging over him and his reputation tarnished.

There is actually a very simple reason, such a hear is has no legal status to determine guilt or otherwise. That is for the courts to decide in accordance with the laws and legal procedures. The OP is free to take such an action, but they need to be aware that such a hearing will examine all the facts etc and may come to the same or a different conclusion.
 
I agree with Jim2007. Also, remember I mentioned "full truth" in an earlier post. A person who is not being bullied and alleges he is being bullied is himself a bully. In my trade union rep. days I can safely say that much of my time was taken up with trying to decide what were and what were not bullying issues. Have no doubt where bullying was happening I was a capable union rep and gave hard advice to the victim on what steps should be taken. A bully would have found me to be a difficult adversary.

But, I have got to say many people who alleged that they were being bullied were nothing short of chancers and had some underhand reasons for their twisted allegations. To be honest, these shallow people used to try my patience as I always said "full truth" must be given at all times. I refused to represent chancers. This always ensured that when I represented a person, the membership and management knew full well that there was a case to be answered.

I know the law can swing one way or the other, but when the untruthful smell of bullying hangs over somebody, it sticks.
 
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