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final written warning

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  • Registered Users Posts: 8,085 ✭✭✭Xiney


    Keep on fighting, dade. There's a lot of us cheering for you.


  • Closed Accounts Posts: 1,178 ✭✭✭dade


    Xiney wrote: »
    Keep on fighting, dade. There's a lot of us cheering for you.

    it's what i'm good at. i wont let anyone walk over me, maybe that's half my problem

    thanks for the good words though


  • Closed Accounts Posts: 5,857 ✭✭✭professore


    Something strikes me about this whole story:

    Either

    a : Dade is telling the whole truth here and he has a boss who is so pigheaded he expects his staff to drop everything and work overtime because his precious blackberry isn't working and he's too stupid to fix it and would prefer to spend lots of time, money and resources of the company he is supposed to be running on disciplining an obviously honest, ambitious and hardworking member of staff, or

    b : Dade is a waster who has dossed his way through the first 12 months and they forgot to terminate his contract until now.

    Personally I believe a.

    In either case unless this is a public sector firm it will hit the wall fairly soon in this recession.


  • Closed Accounts Posts: 1,178 ✭✭✭dade


    professore wrote: »
    b : Dade is a waster who has dossed his way through the first 12 months and they forgot to terminate his contract until now. .


    just in case anyone else has this impression
    1. i had a performance review in July in which i received a glowing report from my manager
    2. my probation has expired without comment form my direct line manager, his boss the CIO or HR (6 months ended sept 1st)
    3. my second performance review (was due in December 2008) passed without being held, not my concern if the manager doesn't want to do it, I 'll assume everything was fine otherwise he should have held it,
    4. my manager wanted to hold a probation review in February and i was out sick for that , when i returned i reminded him that my probation was only 6 months and i received all the financial benefits of a full time member of staff. I was told to take it up with HR
    5. i emailed my manager and asked to reschedule this review - to date this has not happened, i never even received a response to acknowledge it
    6. there have been no complaints thus far that i am aware of regarding my attitude or performance apart from this one
    7. the issue was raised after 11.5 months so if i was dossing and they wanted to terminate my employment the could have done it there and then and i would have had little or no comeback in regards to unfair dismissals.


  • Registered Users Posts: 7,588 ✭✭✭Bluetonic


    Best of luck with this dade.


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  • Closed Accounts Posts: 910 ✭✭✭Jagera


    Also passing on my best wishes.

    Good luck and fight on. I do feel that Sleipnir's similar story does give the probable conclusion to this drama, and it's unfortunate & unfair. But in the end, you know your rights, you know what is right, you'll be satisfied that you fought to the end.

    Also know you have gained a following, and like a good drama we must also see how this ends!! please keep your flock up to date!!


  • Closed Accounts Posts: 8,492 ✭✭✭Sir Oxman


    Yeah, best of luck with it dade.


  • Closed Accounts Posts: 1,178 ✭✭✭dade


    thanks again for the well wishes. today was a rough one, i just wanted to smack someone LOL, but knowing that others feel my pain or at least see my side of it is hearting.

    i'm gonna keep fighting this coz it's teh right thing to do. chalk one up for teh little guy, fighting teh good fight and all that jazz.


  • Closed Accounts Posts: 1,178 ✭✭✭dade


    the cu.. CEO is back in the office today and tomorrow. wonderful :rolleyes:

    still moaning about his blackberry, who waits a month with a broken blackberry before replacing it?

    so i emailed my direct manager and outlined the steps i want and need to take in swapping handsets for him and strangely enough this includes testing his "faulty" one


  • Closed Accounts Posts: 1,178 ✭✭✭dade


    just spoke to SIPTU rep. basically he'll reply in his usual fashion to the letter and address every point of her letter.

    in relation to the point that she made below
    All correspondence should be from you and this appeal is to be received from you directly.

    he's gonna inform her that she will receive an exact replica of his letter directly from me. SO basically i cut an paste his letter into one for her and send it on. He's also gonna go ahead with the LRC and not bother waiting on her response.


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  • Closed Accounts Posts: 1,178 ✭✭✭dade


    God her stupidity really grinds my gears. when i got her last letter i sent her an email saying that my union rep had advised her that the matter was being put in front of the LRC and here's a copy for your records.


  • Registered Users Posts: 5,514 ✭✭✭Sleipnir


    Jesus. I really don't know what to make of it. Does she still not understand that it's the law of this country or is she fully aware of that and is just ignoring it?


    Saw your post about constructive dismissal but before you consider doing that, you really should seek legal advice if possible to make sure that you do it properly (if it comes to that). From reading citizen's information, it looks like a bit of a minefield.


  • Closed Accounts Posts: 1,178 ✭✭✭dade


    Sleipnir wrote: »
    Does she still not understand that it's the law of this country or is she fully aware of that and is just ignoring it?.

    honestly? i think she's as dumb as a doorknob. she probably thinks if she ignores the union like a pesky fly it will go away eventually. problem is it's gone beyond that. I spoke to SIPTU and they have said it has been sent on to the LRC for arbitration, which I'm happy with even if it takes months. she'll get a kick in the hole when she gets a letter from the LRC outlining that the process is underway and that a hearing date will be sent out.

    Sleipnir wrote: »
    Saw your post about constructive dismissal but before you consider doing that, you really should seek legal advice if possible to make sure that you do it properly (if it comes to that). From reading citizen's information, it looks like a bit of a minefield.

    yeah it's a pain in the arse alright, if it comes to it I'll discuss it with the union and see can i get one of their lawyers to represent me for it, i pay them enough as it is. the major problem with constructive D is that the burden of proof is on the (ex) employee. with unfair dismissal the employee needs to just claim it and contact the LRC and the company have to prove their decision to dismiss was fair and just, in constructive i would have to prove that the company did something wrong or they made it impossible for me to continue working there.

    that's why just in case I've printed everything out and archived all my emails to PST files and taken them off site on a portable HDD just in case.


  • Registered Users Posts: 5,251 ✭✭✭Elessar


    If I were you I'd reply:

    "My position was set out in very clear terms to you in my last email.

    If you refuse to engage in the manner set out in the email (and under Irish law) then the Company will be seen to break the law and will face the full consequences as such."


  • Closed Accounts Posts: 1,178 ✭✭✭dade


    Elessar wrote: »
    If I were you I'd reply:

    "My position was set out in very clear terms to you in my last email.

    If you refuse to engage in the manner set out in the email (and under Irish law) then the Company will be seen to break the law and will face the full consequences as such."

    that's exactly what i want to do, the union have already eluded to that in their last letter which read
    Any attempt to frustrate this process or escalate it any further will not be tolerated by SIPTU and will be resisted with any and all means at our disposal.

    as i said in the last post i think she's a tad deficient in the intellect department


  • Closed Accounts Posts: 16,396 ✭✭✭✭kaimera


    jesus dade, well ****ty position man :(

    gl with it


  • Registered Users Posts: 5,514 ✭✭✭Sleipnir


    dade wrote: »
    her history is she started in customer services, went on to be the CEO's PA and then HR manager. IIRC she has a degree in computer science coz one of the lads here went to college with her. so I'm not actually sure if she has any formal HR qualification.
    .

    In my experience, even if they have a HR qualification, it has no bearing on their knowledge of HR anyway. :pac:


  • Closed Accounts Posts: 1,178 ✭✭✭dade


    Sleipnir wrote: »
    In my experience, even if they have a HR qualification, it has no bearing on their knowledge of HR anyway. :pac:

    that reminds me of an old medical saying "the treatment was a success but the patient died"


  • Closed Accounts Posts: 1,178 ✭✭✭dade


    Ran into the CEO on the way out the door tonight, he had a big **** eating grin on "hey dade how are you doing" he says. My response was "great couldn't be better, doing really good, how are you?" now I had to bite my tongue and stop myself from blurting out "an so looking forward to seeing you in court ya bastard"

    Anyway I walk on then double back and ask about his BB. Now I know lent is over but the season for miracles apparently is not because it's working just fine now. Imagine that.


  • Registered Users Posts: 5,514 ✭✭✭Sleipnir


    BAAAAAAASTAAAAAAAAARD!!!


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  • Registered Users Posts: 8,085 ✭✭✭Xiney


    dade wrote: »
    Ran into the CEO on the way out the door tonight, he had a big **** eating grin on "hey dade how are you doing" he says. My response was "great couldn't be better, doing really good, how are you?" now I had to bite my tongue and stop myself from blurting out "an so looking forward to seeing you in court ya bastard"

    Anyway I walk on then double back and ask about his BB. Now I know lent is over but the season for miracles apparently is not because it's working just fine now. Imagine that.

    Oh I can't wait until you see him in court either.

    I mean, don't get me wrong, I'm genuinely sorry you have to endure the stress. But I am SO GLAD that at least one of the asshole bosses in this country is going to have the book thrown at him.


  • Closed Accounts Posts: 7,134 ✭✭✭x in the city


    after reading the very first few lines of the op thread what immediately popped to my mind was, what a wan*** of a CEO that is

    so after reading the rest of the posts I think my initial findings are correct.

    Hope things work out for dade


  • Registered Users Posts: 2,650 ✭✭✭cooperguy


    Just after reading this entire thread and all I can say is good luck Dade. You have another supporter here


  • Registered Users Posts: 8,806 ✭✭✭Lafortezza


    +1 support for dade, really interesting thread, hope if turns out well for you.


  • Closed Accounts Posts: 1,178 ✭✭✭dade


    so do i LOL.

    the deadline for my appeal is 5PM. but here's the funny thing. I've already submitted 2 appeals. on March 22 SIPTU sent her a letter & email outlining the grounds for appeal (basically the legality of their appeals discipline process). On the same day I sent her a separate email outlining exactly the same reasons.

    But she thinks as said in a letter that they are not legitimate grounds for appeal. if the illegality of a process is not legitimate grounds i don't know what is. so technically she has my appeal already and has acknowledged it.

    either way SIPTU have a letter on its way to her, He usually emails it too coz she's based in NYC, so I'll let you folks know what he says it should be on the way by lunch today. just in time for her morning coffee and doughnut.

    what amazes me is that people can be so narrow minded and pig headed. from the start she wanted to appear all nice and friendly and "we want to solve this the best way possible" but as soon as you point out deficiencies in their processes she gets pig headed and starts to stone wall. Jesus how can anyone expect there to be progress if they are unwilling to listen to what teh other side have to say?


  • Closed Accounts Posts: 1,178 ✭✭✭dade


    ok well the union responded to her.

    first he pointed out that I have engaged in the process and to stop making veiled threats to continue with the process.

    the he corrected her assumption that I agreed with her about the union. he clarified that she has no obligation to communicate with him, however any communications from him are to be considered to have come from me because i have given him authority to speak on my behalf and of she continues to ignore this point it will just frustrate the process and provide us with a better paper trail when it goes to the LRC.

    he also said that i will not be attending any discipline hearings unless a union rep is present.

    finally with this in mind and with our previous correspondence sin mind we will not be discussing the matter any further with the company. we will await a date with the LRC

    he then signed off saying however if you do feel like contacting me and trying to resolve this matter at a local level i would consider such an approach favorable.

    that was sent around noon today, no response form HR as yet.


  • Registered Users Posts: 5,514 ✭✭✭Sleipnir


    Right. I wonder will that get through her thick skull?


  • Closed Accounts Posts: 1,178 ✭✭✭dade


    i doubt it as as Charles Kettering, once put it “the hardest substance in the world must be the human skull, to judge by the force needed to drive any new idea through it."


  • Moderators, Society & Culture Moderators Posts: 16,696 Mod ✭✭✭✭Silverfish


    Good gravy dade, I really hope this works out for you.


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  • Closed Accounts Posts: 1,178 ✭✭✭dade


    so i'm thinking that i shoud revisit this issue as soon as i get my date in court, cos i would feel that such a threat warrants a written warning if nothing else cos that would be serious miscondut. wouldn't it be terrible if teh union bright this up in court to sho how unfair and unjust their work practices are

    And apparently she made similar fup ups like she's done with me by putting stuff in writing she has no place to. also about 2-3 years ago the company made redundancies and they entered into full discussion with the employees about it. apparently after all was said and done the CEO is suppose to have said that's the last time he's doing that the next time he's just doing it and consulting no one.

    does anyone else get the sinking feeling that this company is a reall hell hole of a place and its just some toy for teh CEO to make him feel important?


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