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GROSS MISCONDUCT?? COULD THEY DO THIS TO ME??

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    #32
    Merch
    Closed Accounts Posts: 3,327 ✭✭✭Merch


    Again, my interpretation of gross misconduct would be assault, theft or for example representing yourself as being present in work when not there (or similar) being late is not gross misconduct.
    That doesnt cover it all but if you didnt assault anyone (or threaten it) or steal stuff, if you didnt say you were in work when you were not then its not gross misconduct to me.


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    #33
    T-Square
    Registered Users Posts: 759 ✭✭✭T-Square


    Perhaps you overlooked post #19, which provides a legal definition of gross misconduct.


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    #34
    pooli1986
    Closed Accounts Posts: 31 ✭pooli1986


    thanks @all for their opinion. will see how it goes. i dont take that to personal i just want justice and be treated with respect as i treat others in good sentence of this word.
    thanks again


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    #35
    looksee
    Registered Users Posts: 28,506 ✭✭✭✭looksee


    Why not close this thread, since the other one has apparently sorted it to your satisfaction?

    By the way, I wonder why the solicitor did not query the 'gross misconduct' definition?


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    #36
    oleras
    Registered Users Posts: 2,724 ✭✭✭oleras


    T-Square wrote: »
    Perhaps you overlooked post #19, which provides a legal definition of gross misconduct.

    In the state of Nevada...


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    #37
    dudara
    Registered Users Posts: 33,518 ✭✭✭✭dudara


    Threads merged. Please do not create duplicate threads in future.

    dudara


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    #38
    T-Square
    Registered Users Posts: 759 ✭✭✭T-Square


    oleras wrote: »
    In the state of Nevada...

    u r cretinously pedantic


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    #39
    dudara
    Registered Users Posts: 33,518 ✭✭✭✭dudara


    T-Square Infracted.

    dudara


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    #40
    Shelflife
    Registered Users Posts: 3,074 ✭✭✭Shelflife


    "basically, he works for an a$$hole, and gets paid a pittance, that is why he is carrying debt."

    "He and his mother are desperately trying to be industrious, he has even bothered to learn the language. It is irrelevant to point out that it was his mothers parcel, it could have been something for him. It could have been some clothes or contact lens."

    From my reading of the situation he is trying to force the employers hand into forcing him to either fire him or lay him off, the fact that he is in debt is nothing to do with the employer but to do with then fact that the OP spent more than he earned.

    he and his mother can be as industious as they want as long as its in their own time. he is paid to be at his place of work at a particular time not to be off collecting parcels.

    the op may well get the judgement in the EAT as the employer doesnt appear to have followed the basic steps in a discplinary procedure.


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    #41
    shoegirl
    Registered Users Posts: 2,021 ✭✭✭shoegirl


    It would be expected that unless the OP actually did something that filled the definition of gross misconduct he should verbal and written warnings.

    ERA would probably find the employer to be at fault on this, but it really does sound like the employee wasn't very interested in working.


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    #42
    Sikie
    Registered Users Posts: 119 ✭✭Sikie


    Employer may be procedurally unfair if they are using your past record which was not dealt with prior to the dismissal but there maybe a case around gross misconduct.

    Does contract give examples of conduct leading to immediate dismissal?

    Could your activities at work around your "other business" be demonstrated to be mis-use of company resources?


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