Bullying and harassment

Discussion in 'Finance, Property, Law' started by stacker1, Oct 2, 2010.

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  1. Recently a mate of mine has been accused of harassment by the duty mong child. He has also accused two other people of harassment (Seperate incidents). Natuarally his statements are at complete odds to everyone one elses. When these accusations are found to be a lie, is there anything my mate can do to insist the liar is punished?
    At the moment the CofC is taking a very soft approch with the bloke making the accusations, (he has a dictorphone and wants to record conversations, he has put a bit about Muslims doing extra PT during ramamdam in his statement despite this having nothing to do with the complaints, he (according to the CofC) has solicitors).
  2. The burden of proof is less for this sort of thing. The law requires "beyond reasonoble doubt" but here, assuming it's not a criminal complaint, it's only based on the balance of probabilities so it being binned isn't necessarily a shoe-in.

    As for the complainant being disciplined, I would suggest that's unlikely. When someone screams rape or assault and the case fails to convict someone, the law doesn't pursue the complainant, unless it can be proven that they lied deliberately. More to the point, it'll take soemone of strong moral fibre to attempt to discipline a guy that has already played the race/religion card.
  3. This has become very apparent to at least two of the people who have been accused. (The 3rd person has not been named, so we presume its an officer). The CO seems to wanting a quiet life.
    There is a good chance of it being binned as even the lads mates are saying he's a liar.
    So I guess my mates will just have to put up with it.
  4. Club together some tokens and pay one of the other lads in his troop to shoe the living sh*t out of the little f*ckwit every night until he becomes less of a f*ckwit, then when he passes out of training, shoe him yourself... Its your duty!
  5. If the complainant has made a untrue and or vexatious complaint, then he can and should be disciplined by the chain of command. This is stated in JSP 763 and JSP 831. More information is available from your unit Equality and Diversity Officer (usually the RCMO)

  6. Thank you very much I shall be passing this along. If however the CofC decide to sweep it under the carpet can my mate force the issue?
  7. Absolutely. From JSP 763:

  8. Does the MoD maintain any record of such an action? It certainly insists that the original investigation file is retained, but in the circumstances where malicious complaint is established, does it open a separate investigation or does the counter allegation form part of the original enquiry? Is there a record maintained as to what action has been taken against the individual who made the malicious allegation? Also, is the subject of the malicious complaint entitled to legal aid in order to pursue the matter once the original allegation is found to be untrue? As far as I am aware, they have no such entitlement whilst they are the subject of the original allegation. The CoC seem very reluctant (in my experience) to pursue action against the originator of the malicious complaint, and are quick to sweep such matters under the carpet. This is an area where professional reputations are damaged, yet little heed is given to the stress caused to the original 'target' of the malicious complaint and investigations into these matters can and often do take months.
  9. Have to say this is not the first time I have heard similar concerns, and the CoC should be taking this question seriously insofar as they are not already.

    The situation is not directly comparable, but it has become more common than it used to be for police officers who are the subject of malicious unwarranted complaints to sue successfully for defamation.
  10. Surely then, the MoD should be active in providing access to legal costs for those subjected to malicious complaints as well as the means to sue for damages, or at least taking the relevant action themselves as a body. It's not difficult for a disgruntled individual to make a malicious complaint, safe in the knowledge that they will not be taken to task (beyond a short interview) when it is proved to be so. Meanwhile, professional reputations are destroyed and the 'accused' now the subject of an investigation often goes unsupported, (although the weakness of the commander is usually a factor here). As I have said previously, too many commanders are too ready to brush the matter under the carpet in order to avoid any awkward questions. Where is the deterrent? Where is the fairness? Until a time when such action is vigorously pursued and made known to be so as a deterrent, then professional reputations and individual careers will go unprotected.