Screaming and pushing at workplace

[Country-boy]

Hi,

 

beklager for engelsk her, men det er lettere å uttale meg på engelsk når det gjelder denne saken, men svarene kan bli skrevet på norsk. takk for hjelp!

 

I need some support on the case that happened to my at work.

 

I’m a student and I work from time to time as a helper on the building site through the job agency.

 

I was sent to a one day project to a large company. During the day I was told to work on the scaffolding (around 3m high). During the work I was seen by a woman (Probably HMS worker or verneombud) and she called me. I approached her and she explained me that I’m not allowed to work on this height. We started a conversation about the security and I asked several questions regarding this. I was concerned about my safety. Right after the conversation started, the man who ordered me (employee in the company) started screaming from the rooftop to stop talking to her. I didn’t listen to him and I continued conversation with the woman. He came down and started yelling at me that I’m not supposed to talk to her and I should have talked to him first. The security was very questionable on the site and I guess that was the reason why he didn't want me to talk to her. He got very nervous and aggressive, and we (me, the woman and him) entered the barrack. He continued screaming at me and I told him to stop doing this. He did not listen to me and I said that I want to talk to his superior. He shouted very loudly: “I am the boss here”. I continued telling him calmly to stop screaming at me. Then he pushed me in a way like he wanted to provoke me to start a fight. I didn’t respond to it. He continued looking into my eyes like a boxer before a fight. The woman who witnessed the situation said that this leads to nothing. The tension was very high and I was seriously scared of him. After that I left the place and called my agency.

 

Since I was pushed, is it enough to sue him for physical abuse? I really want to punish this guy,  but I'm not sure if this is enough to go to the court. I can add that the HMS woman (or verneombud) was witnessing the whole situation.

 

Thank you for any advice!

Damian

Endret 5. juni 2016 av Country-boy

[Kikert]

If it's in Norway he will get fired at best, if it's in USA he will probably have to pay you for psychological damages if you have a good lawyer. It's definitely enough to go to court, in cases like these I'm pretty sure that the union will pay for the costs, if you are a member of any union of course. You have a witness and think of how this guy act towards other people, it's actually a duty that you take this to court (forliksrådet først).

 

I like replying in english

[Country-boy]

If it's in Norway he will get fired at best, if it's in USA he will probably have to pay you for psychological damages if you have a good lawyer. It's definitely enough to go to court, in cases like these I'm pretty sure that the union will pay for the costs, if you are a member of any union of course. You have a witness and think of how this guy act towards other people, it's actually a duty that you take this to court (forliksrådet først).

 

I like replying in english

I'm not a member of any union. It's good to hear that I can sue him. I have no money for a lawyer but I found that every Thursday in Oslo there is a possibility to talk to a lawyer for free. I will go there this week. But, what if the woman says that she doesn't want to be a witness? I haven't reached her yet but if so`?

[Herr Brun]

She can be made to witness, and it is illegal to lie.

 

Do go to fri rettshjelp and talk to a lawyer. I'm not sure if a civil suit will be worth the hassle here, especially since there are no damages. You could go to the police, but I highly doubt it will be a priority.

[Jason P. C.]

god natt

Endret 25. mars 2018 av Jason P. C.

[Country-boy]

Have you talked to the job agency? They might like to know what kid of people they send their employees to, sounds to me like this company is gonna get banned from the agency, or at least it should be

Yes they know it. it happened last Thursday so the case is ongoing now. But I have a gut feeling that they will not do too much. Money first.

[Simon Aldra]

The man pushed you. That's assault, and I would certainly press charges with the police. Assaults are well past what you should have to endure in the workplace, and should be criminally prosecuted.

[Country-boy]

The man pushed you. That's assault, and I would certainly press charges with the police. Assaults are well past what you should have to endure in the workplace, and should be criminally prosecuted.

Thank you for quick reaction to my post and valuable advice. I will try to gather all necessary data and I will go to the police right after the meeting with the lawyer. Lawyer's opinion might be also beneficial. Of course if you have more opinions and ideas, please share with me.

[Simon Aldra]

We don't really have a culture for civil lawsuits for criminal assaults in Norway, it's generally dealth with through criminal prosecutions. I doubt you can expect any real financial compensation, but I guess this is more about the principle for you?

[Country-boy]

We don't really have a culture for civil lawsuits for criminal assaults in Norway, it's generally dealth with through criminal prosecutions. I doubt you can expect any real financial compensation, but I guess this is more about the principle for you?

Exactly. I want to make sure that he feels the consequences, not necessarily financial (but would be good to receive compensation), I know he will be really stressed when he receives the letter from the police, and the company will be interested in him as well (this is a large construction company). But when it comes to criminal or civil lawsuit, I'm not an expert in this matter. That's why I want to talk to a lawyer. My goal is to make sure that he is punished appropriately for what he did. I don't mind if he looses job or must pay a compensation. I feel very humiliated and the fact he pushed me makes it even more serious. Maybe the other way around. What would you do if you were in my situation?

[Simon Aldra]

I would go to the police. And have, a few times.

[anon12234]

if the woman does not create atleast an internal affairs case on this incident she is WORTHLESS in her job... 

[Country-boy]

if the woman does not create atleast an internal affairs case on this incident she is WORTHLESS in her job... 

I talked to a lawyer today (fri rettshjelp in Oslo) and he said that it doesn't make sense to go to the police. The case will be closed right away. So I can only report this situation to their company and to arbeidstilsynet (regarding questionable security on the site). I'm a little bit surprised that pushing another person is just too weak for reporting to the police. I regret I wasn't hit. This guy will continue treating people like shit...but law is the law. If you have any other ideas what I can do, I would greatly appreciate them:)

Endret 9. juni 2016 av Country-boy

[anon12234]

 

if the woman does not create atleast an internal affairs case on this incident she is WORTHLESS in her job... 

I talked to a lawyer today (fri rettshjelp in Oslo) and he said that it doesn't make sense to go to the police. The case will be closed right away. So I can only report this situation to their company and to arbeidstilsynet (regarding questionable security on the site). I'm a little bit surprised that pushing another person is just too weak for reporting to the police. I regret I wasn't hit. This guy will continue treating people like shit...but law is the law. If you have any other ideas what I can do, I would greatly appreciate them:)

 

If you are employed by an agency, then they are the right people to go to. Basically tell your contact there that they are treating you very poorly and be specific, ask for a meeting with your agency contact. The agency will definately have a phonecall atleast and have a word, they are your employer and if you are treated badly at work, its their problem in fact. Its their responsibility to ensure you are treated well at work and the company that has hired a person from the agency are by contract with the agency, required to treat you well for them not to break the terms of the contract. So your agency contact person is the right way if so is the case. If the agency is reluctant to better your situation, then one of the government institutions like "arbeidstilsynet" may be a good place to start. If you are to approach "arbeidstilsynet", you should have given the agency a chance to fix the problems first, if that does not happen, then make sure you have copies of emails or written material that proves that you have asked for this problem to be fixed already, in this way "arbeidstilsynet" can enforce alot more leverage onto your agency. 

 

Agencies are usually ruthless when it comes to companies treating their employees badly, i think the problem will go away if you complain to your agency contact person. The worst thing that can happen to an agency is to get a reputation for not taking care of their employees. 

 

may i ask where you are from? just curious

Endret 9. juni 2016 av Henrik2k