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I was assaulted in work.the assailant was suspended and subsequently

 
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  • Answered by:Ronan
  • Solicitor
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Customer Question

I was assaulted in work.the assailant was suspended and subsequently sacked. his appeal was heard last friday. what can i do if he is given his job back? i was his supervisor so feel it would be impossible to work with him again.

 



Already Tried:
i havent done anything as the need hasnt arisen

Submitted: 309 days and 22 hours ago.
Category: Republic of Ireland Law
Value: 25 €
Status: CLOSED

Accepted Answer

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Expert:  Ronan replied 309 days and 21 hours ago.

First of all you should seek to have the person criminally prosecuted by reporting the matter to the Gardai.

Secondly, advise your employer that in the event that the person is re hired you will be seeking to purse them for the assault that occurred to you while in their employment and that you will report the matter to the Health and Safety Authority

Thirdly, advise your employer that in the event that the person is reemployed that you feel your position will be untenable due to fear and possible further assault. In such a scenario this is tantamount to constructive dismissal. In this case you will be leaving their employ and seeking to sue for unfair dismissal through the Employment Appeals Tribunal on grounds of constructive dismissal

Expert TypeSolicitor
Category: Republic of Ireland Law
Pos. Feedback: 95.6 %
Accepts: 1731
Answered: 6/20/2012

Experience: B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years

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