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Employer prosecution

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  • October 10, 2005 at 11:08 am #21932
    Anonymous
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    We are about to prosecute for obstruction under S111. Should the prosecution file be put together against the employee who is failing to give us the necessary information or should it be done against the company itself?

    October 18, 2005 at 12:58 pm #6079
    Anonymous
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    The legislation itself states that “if a person…….etc” , so I guess the offence is aimed at individuals. Perhaps you need to establish who has taken the decision to obstruct – ie if the person who has obstructed you directly was acting ‘under orders’ as it were, then go after the person who gave the order?

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