okay in this video I want to cover two very very common mistakes that employees
make I'm going to do that right after this break
okay the first one is this recently in May of 2017 Supreme Court dealt with an
employment-related claim a bullying claim the case is involving a
special-needs assistant who worked in a primary school in County Collier owner
roughly versus the Board of Management of st. Anne's school the case went to
firstly the High Court then the Court of Appeal then the Supreme Court both
wanting jumped out at me from the judgments of the various judges in
particular Justice Peter Charlton he said that not every wrong even one quick
results from unfair or unfortunate circumstances gives rise to a cause of
action that means that essentially shit happens and sometimes stuff happens so
that you cannot bring a claim above or you do not or does not give rise to a
cause of action to legal claim in other words there may be an infirmity or
imperfection in for example the way that you are treated or an employee may be
treated at work there may be an imperfection or infirmity in for example
the way a disciplinary procedure has been conducted in the workplace you may
not like or the employee may not like the way you've been spoken to by a line
manager or an employer but the bottom line is this there's no guarantee of
perfection there's no guarantee of complete avoidance of dissatisfaction
the workplace does require a certain amount of robustness from employees and
this has been recognized in the roughly vs. Board of Management Center and
school case in the Supreme Court the bottom line is not every wrong no matter
how unfortunate gives rise to a legal claim or cause of action that's the
first thing second thing that I have discovered or
shown or sorry seen lately quite a lot is this I have people coming to me with
queries and issues and they may bring in a file like this and the file could be
six inches or nine inches or twelve inches deep and it will contain emails
and letters and notes and diary entries of every single event that has caused
them dissatisfaction or all happiness in the workplace and the point that I want
to make to you is this no matter how take the file it cannot get over the
very simple fact that you either have a claim a legal cause of action or you
don't so the boy gets girl boy loses girl boy gets girl again that's a very
very short story but within that short story it contained quite a lot of action
and it could be filled out or expanded upon but essentially if you come to me
or if you come to any solicitor and you can tell me in a paragraph or two what
has occurred in the workplace and whether you have a claim whether you
have a cause of action or not there's a good chance that even though I might
need more information the very good chance that I have a fair idea of
whether you have I just issued will claim a league a cause of action or not
but nothing can change the facts of the story nothing can change the facts of
the situation and building up a file of nine inches or twelve inches with
grievances with emails with letters with correspondence etcetera etcetera he's
not going to treat or strengthen your case
sorry about that intrusion so there you go in conclusion two things one not
every difficulty not every slice not every wrong no matter how unfortunate in
the workplace gives rise to a cause of action it may or it may not was a no
perfection and shit happens number two the strength or weakness of
your case it's essentially going to turn on the actual facts and you cannot build
the case by getting more paper or making more records because the essential bones
the essential building blocks of your claim will be quite evident to a
solicitor who has a good understanding of the law I hope you find this useful
and if you do we might share with a friend or sign up to my or subscribe to
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watching