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written warnings

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  • 04-08-2009 5:12pm
    #1
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭


    hi. Im working in the restaurant 1year and 8 months (without contract) and lately Ive got 4 written warnings - first that I was late 3 min, second - for talking with my wife during my work, third - drinking to much red bull and last one for being late 10 min.. but never before like I saw in other topic
    "informal warning>formal verbal warning>written warning>final written warning"
    is it legal to give my those warnings for being late? I know the other warnings r reasonable..
    what I should do if my manager told me that is the last one... and then I'll be dismissed...


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    #2
    Smcgie
    Registered Users Posts: 1,379 ✭✭✭Smcgie


    Unregistered wrote: »
    hi. Im working in the restaurant 1year and 8 months (without contract) and lately Ive got 4 written warnings - first that I was late 3 min, second - for talking with my wife during my work, third - drinking to much red bull and last one for being late 10 min.. but never before like I saw in other topic
    "informal warning>formal verbal warning>written warning>final written warning"
    is it legal to give my those warnings for being late? I know the other warnings r reasonable..
    what I should do if my manager told me that is the last one... and then I'll be dismissed...

    Enough said....:rolleyes: You should not be working in full time employment without a contract! Your employer sounds like he's making these warnings/threats because he/she knows they will get away with it. You also have either very bad grammar or your are a foreigner national, in which case you should report your employer for not giving you a contract.


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    #3
    Nody
    Moderators, Category Moderators, Arts Moderators, Business & Finance Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 18,315 CMod ✭✭✭✭Nody


    Check your employee handbook.


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    #4
    the_syco
    Registered Users Posts: 37,301 ✭✭✭✭the_syco


    Nody wrote: »
    Check your employee handbook.
    As he doesn't have a contract, I doubt he has an employee handbook.


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    #5
    AARRRGH
    Closed Accounts Posts: 12,382 ✭✭✭✭AARRRGH


    Compare the two:

    informal warning>formal verbal warning>written warning>final written warning

    written warning>written warning>written warning>written warning

    As you're not on your "final written warning", it sounds like you're doing better than you should.


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    #6
    alrilad
    Closed Accounts Posts: 34 ✭alrilad


    Hi all, I have a problem. I work for a large company in ireland and have been employeed by them for 3 years. I also have my own company along with my son which provides the same service as my employeer. When I was being interveiwed for this job I was honest and told them I also had my own company which provided the same service. I was never given a contract or asked to sign one or directly given an employee handbook, although part of my job was to give out employee handbooks to new employees. Over the past three years my company has got larger but I have never crossed paths with my employeer, Untill today. A large contract came up for public tender which my company was going to price for. The problem is my employer had this contract untill now and will be pricing for it again. They phoned me today and said it had come to there attention I was pricing this job and I was to pull out of pricing for the job or be let go. I explained I had told them I had my own company to which I got a reply saying we didnt know you were that big a company. I have never went looking to take any of there work. Have I a leg to stand on?? What can I do. Going to get legal advice tomorrow but would appriceate some help..

    Kind Regards


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    #7
    Nody
    Moderators, Category Moderators, Arts Moderators, Business & Finance Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 18,315 CMod ✭✭✭✭Nody


    You're a direct competitor now even if you did mention it originally; I'd say you'll have litttle leg to stand on even from a legal point of view (competition should not know each other bids etc.).


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    #8
    alrilad
    Closed Accounts Posts: 34 ✭alrilad


    I dont know anything about bids or money. I am only an area manager.


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    #9
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    As an employee you owe a duty of fidelity to your employer. Engaging in competition is a breach of that duty. Your employer is perfectly correct to tell you to withdraw from the tender or it will be the end of your job.


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    #10
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭LegacyUser


    Jo King wrote: »
    As an employee you owe a duty of fidelity to your employer. Engaging in competition is a breach of that duty. Your employer is perfectly correct to tell you to withdraw from the tender or it will be the end of your job.

    Not only that, as the bid is for business that your current company already has, your employer can take out an injunction against you preventing you from tendering or bidding against them. This is even without a non-compete clause.
    TBH I hink you are having a laugh here, competing against your own employer and I'm surprised they are this leniant!


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    #11
    Eoin
    Registered Users Posts: 21,257 ✭✭✭✭Eoin


    Smcgie wrote: »
    Enough said....:rolleyes: You should not be working in full time employment without a contract! Your employer sounds like he's making these warnings/threats because he/she knows they will get away with it.

    I think the OP does have a contract, just not a written one:

    "Anyone who works for an employer in Ireland for a regular wage or salary automatically has a contract of employment, regardless of whether it is written or not."
    Unregistered wrote:
    "informal warning>formal verbal warning>written warning>final written warning"
    is it legal to give my those warnings for being late? I know the other warnings r reasonable..

    This process is not legally required from what I can tell. It is up to the employer to define their disciplinary procedure, it is only recommended that they have one in place.

    I don't see how they wouldn't be legally allowed warn you.
    Smcgie wrote: »
    You also have either very bad grammar or your are a foreigner national, in which case you should report your employer for not giving you a contract.

    Not sure what the OP's grammar has to do with it?


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