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Ask Buachaill Your Own Question
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10539
Experience:  Barrister 17 years experience
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Was just looking for rights in relation to harrassment, or I

Customer Question

Hi was just looking for rights in relation to harrassment, or I should say feeling harrassed by insidious comments going around the workplace.
JA: Is the harassment ongoing? Is there an immediate and present danger of physical harm?
Customer: Yes 2 to 3 years, my car was keyed, (no proof of an individual)
JA: Has anything been filed or reported?
Customer: No, I have checked numerous times with my manager, he says there is nothing on my file, ie nothing formal
JA: Anything else you want the lawyer to know before I connect you?
Customer: no, just started enquiring, because I want to make a grievance, yet feel it is so insidious that I will look ricidulous
Submitted: 9 months ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 9 months ago.

1. The first thing you should be aware of, is that under the Equal Status Act, you can sue your employer for this harassment as well as suing the person who is harassing you. So, you can obtain damages from your employer for this ongoing insidious harassment as well as sue your co-worker who is carrying out the harassment. So far as your co-worker is concerned, you can take out an injunction to prevent the harassment by them. The law recognises harassment as a tort or civil wrong. So, you can get money damages or an injunction against the person who is harassing you.

Expert:  Buachaill replied 9 months ago.

2. What you need to do here is to get yourself a solicitor and get the solicitor to formally write to your employer complaining about the harassment. Additionally, you should get the solicitor to write to the person or co-worker who is carrying out the campaign of harassment and inform them that you will take out an injunction against them if they persist in the campaign of harassment. Be aware that the law recognises both blatent and overt types of harassment. So, although the harassment here is insidious, you will get protection from the law for what is going on. YOu don't need to have any specific type of harassment, you merely need to show that it impinges upon you and is not within the normal bounds of human behaviour.

Expert:  Buachaill replied 9 months ago.

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