advice please, False claims of bullying in the workplace

[altobelli]

I disagree, I think there is a legal basis here and I think an apology to all parties involved would go some way to rectifying the situation. A threat of legal action could prompt such an apology.

[becky2585]

The only way to rectify the situation would be if the OP was reinstated into his job and the employee who made the allegations was dismissed for making those false allegations. Threatening a defamation claim isn't going to make that happen.

 

You're also highly unlikely to ever get an apology - its effectively an admission of liability. So that won't happen either.

 

Honestly - I think you are barking up the wrong tree here!

[altobelli]

I don't think so Becky. It isn't always possible to put a situation back to what it was, once a false allegation is made it is out there and the only way to get some form of rectification may be to get an apology and damages. Threatening a defamation action may well force the accuser to back down and apologise. In this case, the accuser is liable for making a false accusation, so should rightly admit that with an apology, which would bring an end to the matter. If they don't, they run the risk of being sued and losing their case. For the sake of avoiding this, many people who know they have made a false accusation would back down.

[Pusillanimous]

altobelli, you might know the accusation is false, and the OP knows it's false. However, before successfully suing for defamation, it would need to be establish that the complainant was being malicious. Even then, employers can - and do- successfully plead that their response to such an allegation, even if wrongful, was a reasonable one. All they need to show is that they "investigated".

 

People often talk of "defamation of character", but truth is, the OP is more likely to win an ET than a "defamation" suit. There was a recent case where a young banker accidentally barged into a woman he had been in dispute with. He was sacked, despite pleading it was an accident. He lost his case in the ET as they said, the employers response was in the range of "reasonable".

 

Fiery passion is all very well, but not if it spent on hopeless quests, such as "defamation of character" suits arising from a dispute at work. The ET is by far the best bet for justice.

 

The box falling onthe complainant's head may well have been an accident, but the complainant might well have taken a different POV, even if wrong.

[altobelli]

altobelli, you might know the accusation is false, and the OP knows it's false. However, before successfully suing for defamation, it would need to be establish that the complainant was being malicious. - as mentioned previously, threat of legal action may force a retraction/apology. I don't know how to make this clearer - take it a step at a time, forget about 'successfully suing' for the moment' A private individual can win a defamation case if they can show negligence, malice is only required to be proven for pecuniary damages.

 

Even then, employers can - and do- successfully plead that their response to such an allegation, even if wrongful, was a reasonable one. All they need to show is that they "investigated". no, for an ET they must investigate on a reasonable basis, looking at available evidence. For defamation, they have to show that their conduct was made in good faith or that what they have said was true.

 

People often talk of "defamation of character", but truth is, the OP is more likely to win an ET than a "defamation" suit. - win what at ET? What would the claim be?

 

There was a recent case where a young banker accidentally barged into a woman he had been in dispute with. He was sacked, despite pleading it was an accident. He lost his case in the ET as they said, the employers response was in the range of "reasonable". - please post a link, this may be useful to the OP.

 

Fiery passion is all very well, but not if it spent on hopeless quests, such as "defamation of character" suits arising from a dispute at work. The ET is by far the best bet for justice. - passion is what is needed to clear wrongfully accused people. Just because something is unfamiliar does not mean it is hopeless, I don't think you understand the strategy of threatening to raise or raising a claim and the impact that might have. Again, what would the ET claim be?

 

The box falling onthe complainant's head may well have been an accident, but the complainant might well have taken a different POV, even if wrong. - that's the complainant's problem, he needs to show there was a reasonable suspicion it was deliberate. If it happened only once, this won't be possible in the absence of other evidence. The complainant has made other allegations - if any of these can be shown to be false the complainant's credibility will be severely damaged. People can't go around making completely unsubstantiated allegations, even in the workplace.

 

Might be better continuing this discussion on a new thread, the OP's situation has changed and while defamation remains an option should he wish to pursue that route, he's been made aware of the doubters as to this approach and we're getting a bit off-topic.