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Sackable offence??

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  • 14-08-2009 6:42pm
    #1
    nicegirl
    Registered Users Posts: 560 ✭✭✭


    I am about to start legal proceedings against my employer.
    A number of months ago, I had some notes to do with my case in my handbag, which I bring into the office during work. At lunch or break times my handbag is always with me. Today at work I was looking for a folder on my collegues desk (Not looking in her drawers or that but on her desk) and within the shelves on her desk, I found a photocopy of a page of my case notes I had brought into work a few months ago. She went into my handbag months ago (when I had the notes in my handbag) took a copy of the page, and left the page back in my handbag, and kept a copy for herself which she left within the shelf on her desk, until I found it today.
    I took the photocopy with me. I am wondering can she be dismissed for intruding through my handbag, and taking a copy of private personal information?If anyone would know for sure if she can be fired over this, let me know I would appreciate it
    My solicitor is up to his eyes at the moment, and I won't be able to have a consoltation with him for about another month, and I don't want to bother him over this.


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    #2
    Otis Driftwood
    Closed Accounts Posts: 9,925 ✭✭✭Otis Driftwood


    Can you prove she took it?

    You removed it from her desk so now its a case of your word against hers.


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


    Sorry but it sounds you're out in the deep on this one; what has your employer to do with protecting your PRIVATE handbag that YOU bring into work?

    Secondly you're going to have a very hard case to prove that she took the photos and where you found them (you took away the evidence after all).

    None of this is legal advice but I think you've managed to utterly ruin what possible case there was and even what you had was very thin to start with.


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    #4
    wmpdd3
    Registered Users Posts: 9,624 ✭✭✭wmpdd3


    I would say no.

    Work place theft of any material does not often end in dismissal even in cases where goods were taken for personal gain (such as money etc).

    Is this your case?

    Are you suing your employer for failing to protect your personal belongings?

    Sorry if i have taken this up wrong.


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    #5
    robbie_998
    Closed Accounts Posts: 4,222 ✭✭✭robbie_998


    confront the person who took it but keep away from the boss

    you cant prove she took them but she cant prove you took them back either ;)

    .... just a quick thought... do the premisses have CCTV ? and would they go back that far ? get it checked ;)


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    #6
    MagicMarker
    Banned (with Prison Access) Posts: 32,865 ✭✭✭✭MagicMarker


    wmpdd3 wrote: »
    I would say no.

    Work place theft of any material does not often end in dismissal even in cases where goods were taken for personal gain (such as money etc).

    Is this your case?

    Are you suing your employer for failing to protect your personal belongings?

    Sorry if i have taken this up wrong.
    You've taken it up completely wrong.

    The OP is suing her employer (for whatever reason) and the notes that she has been taking in relation to the suing was taken from her purse and copied. Now she wants to know if the person who took them can be fired. That's all.

    OP, no, you can't prove anything so keep schtum and focus on the case.


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    #7
    nicegirl
    Registered Users Posts: 560 ✭✭✭nicegirl


    That incident where she took notes from my handbag, copied it and only the other day I found it on her desk. That is about 1% of my case.

    I will give the photocopied note to my solicitor, he will know how to deal with that. Finding this is good for my case. The girl that took the notes from my handbag and photocopied it is the biggest b*tch I have ever worked with. When legal proceedings start she will be in alot more trouble than just taking personla information from my handbag. She will get her come up ins


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    #8
    Godge
    Closed Accounts Posts: 21,727 ✭✭✭✭Godge


    nicegirl wrote: »
    That incident where she took notes from my handbag, copied it and only the other day I found it on her desk. That is about 1% of my case.

    I will give the photocopied note to my solicitor, he will know how to deal with that. Finding this is good for my case. The girl that took the notes from my handbag and photocopied it is the biggest b*tch I have ever worked with. When legal proceedings start she will be in alot more trouble than just taking personla information from my handbag. She will get her come up ins


    I am amazed at people these days. The most you can expect to get from an employer is something like twenty or thirty thousand. What are you going to do when the money runs out? It is not like there are thousands of jobs around you can get without a reference.

    Given the current economic situation, the only good time to sue an employer is when you are in another job.


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    #9
    the_syco
    Registered Users Posts: 37,301 ✭✭✭✭the_syco


    nicegirl wrote: »
    Finding this is good for my case.
    Finding, yes. Proving that you didn't copy it yourself... that'll be hard.


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    #10
    MagicMarker
    Banned (with Prison Access) Posts: 32,865 ✭✭✭✭MagicMarker


    Godge wrote: »
    I am amazed at people these days. The most you can expect to get from an employer is something like twenty or thirty thousand. What are you going to do when the money runs out? It is not like there are thousands of jobs around you can get without a reference.

    Given the current economic situation, the only good time to sue an employer is when you are in another job.
    Are you saying that because there's a lack of jobs available, a person should just put up and shut up when they're being treated badly?


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    #11
    Outkast_IRE
    Registered Users Posts: 7,516 ✭✭✭Outkast_IRE


    MagicMarker wrote: »
    Are you saying that because there's a lack of jobs available, a person should just put up and shut up when they're being treated badly?

    I know one girl thats doing this at the moment , she was hired as staff in a small botique , manager has left months ago hasnt been replaced so the girl is has basically been bullied into doing all the managers work without any promotion and has even been given a paycut , needs to work a few hours extra a few nights a week just to get the work done no extra pay for it . Is taking 10 minute lunch breaks in a 10 -12 hour day , the last member of staff to complain was fired on the spot......
    I told the girl hang tight build a case write down everthing , and look for alternative work and if shes gets anything then leave.


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    #12
    Shelflife
    Registered Users Posts: 3,074 ✭✭✭Shelflife


    The fact that you took the photocopy of the document means that its your word against hers that it was ever on her desk in the first place.

    also if you took the photocopy without her permission then that technically would be theft, the fact that she went through your purse is irrevelant the photocopy was hers and you took it without permission.

    best to mention it to your solicitor but not to bring it up in court.


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    #13
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    It is certainly a sackable offence but the difficulty is proof. You will have to complain to your boss. She will have to be asked if she was aware of the photocopy being on her desk and if she has any explanation if she was aware. If she insists she knows nothing about it, she may get the benefit of the doubt. If you are taking legal proceedings against your nemployer, you can be sure that the management's sympathies will not be with you.
    The better thing to do might be to put back the page with a few misleading changes and wrongfoot whoever tries to use it. You could also leave some misleading notes in your bag in her view. Leave the bag at you desk and say you are going away for a while. See if she opens your bag again. Try and get a recording of her doing it on your phone.


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