Help Please

scudzilla

Hey all, need some help on a pretty important matter.

A really good friend of mine has been called into a meeting with management next week, he only found out when he received a registered post letter telling him to attend.

A few questions

He was arrested 2.5 years ago and found guilty of possession (coke), it was about a wrap (€80) and received a very small fine.
His company was taken over 6 months ago and the new company insisted on a Garda check being completed, he sent it off but it came back saying "Drugs Conviction" . He then handed the check in.
This to me is very vague, could mean €80 or €5000!!! Can they sack him for this?

My next question is about the meeting itself, i'm 99.9% sure that he's allowed to take a representative in with him, he is in SIPTU and is trying to get one of there reps in with him. Failing that, would he be allowed to bring in a very close member of his family with him, who has been a Union rep for many years but in another industry.


Thanks in advance

gerrycollins

on the union issue many many places only allow for another staff member to attend the meeting, that said it can be the shop steward etc.

let him have the first meeting and see from there. The only time you can be sacked for having a criminal conviction is if you lied about it on your application form or your conviction could bring your employer into disrepute. He may also want to seek a phone call to the equaility authority or a solicitor on employment law to see his position.

does the new owners deal with america much? they might have an issue due to his possible inability to get a visa for example.

eejoynt

he should make sure he has a SIPTU rep with him. The LRC code of practice on grievance and disciplinary procedure is quite specific. It can be a co worker or a union representative - nothing else

check out this link

http://www.unionconnect.ie/rights/1%20discipline%20/

scudzilla

Thanks for the replies guys, My buddy also says thanks, any more help is greatly appreciated.

chappy

Does the letter state that this is a disciplinary meeting?If it is not a disciplinary meeting he is not entitled to a witness to be present.

If it is a disciplinary meeting then that would have to be stated in the letter with the reason for such a meeting.That type of letter would have to inform him that he is entitled to a witness..if that is the case if it has to be a work colleague it would say it in there.Normally the letter would also state that he has to let a certain member of management know by a certain time that he is bringing a witness and who it is.

In any company I have ever worked for managment would normally hold an investigatory meeting(where a witness isn't entitled) and then if they feel the situation warrants further action they would have to give him an invite to disciplinary meeting letter.He is entitled to alteast 24 hours notice of such a meeting to allow him to organise a witness.If it is a company witness and he notifies them they have to make that person available.

Just so you know the role of a witness in a disciplinary meeting is just to observe and be a note taker-they are not actually allowed to speak or contribute during the meeting.

In relation to them being able to sack him for the conviction.If he signed anything when he started in the job stating that he did not have a criminal conviction and they have found out he lied they could nullify his contract.
I would say they probably want more info about the conviction and this is why they want to speak to him and they will decide from there then.

Hope that helps..