Unfair Dismissal

Balfie

Well I was working in a job, I'm not going to mention it, and yes this is after hours, I can see that LeeG is the only only one awake, keep this here please!

anyways! I worked till 3:30am one night, the next day I had under 11 hours sleep! and a manager said to me "i heard your staying late tonight"

me being sarcastic thinking she was joking, said "are you on drugs" I'm wrecked,

she put in a formal complaint!, an the witness that I have wants to keep his job so I have no witness, do I have a chance?

acidskiffle

Punch her in the tits.

3rdDegree

Balfie wrote: »

Well I was working in a job, I'm not going to mention it, and yes this is after hours, I can see that LeeG is the only only one awake, keep this here please!

anyways! I worked till 3:30am one night, the next day I had under 11 hours sleep! and a manager said to me "i heard your staying late tonight"

me being sarcastic thinking she was joking, said "are you on drugs" I'm wrecked,

she put in a formal complaint!, an the witness that I have wants to keep his job so I have no witness, do I have a chance?

What, a chance with your boss? How can you think of sex when your job might be at risk?

Jaxxy

Balfie wrote: »

Well I was working in a job, I'm not going to mention it, and yes this is after hours, I can see that LeeG is the only only one awake, keep this here please!

anyways! I worked till 3:30am one night, the next day I had under 11 hours sleep! and a manager said to me "i heard your staying late tonight"

me being sarcastic thinking she was joking, said "are you on drugs" I'm wrecked,

she put in a formal complaint!, an the witness that I have wants to keep his job so I have no witness, do I have a chance?

What exactly is her complaint? That you asked her if she was on drugs?

Opinicus

Balfie wrote: »

the next day I had under 11 hours sleep!

How much sleep do you need?

Chuck Stone

Deny having said 'are you on drugs'.

Actually... complain about feeling bullied by her.

Make it out that you are the one who is being victimized.


Lastly, don't give suck-ups excuses to persecute you

marcsignal

Balfie wrote: »

"i heard your staying late tonight"?

op, that's corporate speak for "Please cum on my tits"

Caoimhín

acidskiffle wrote: »

Punch her in the tits.

Naw, give her the cock.

You can't be dismissed for a question.. You could probably sue.if you were cause asking.someone if they're on drugs isn't a reason to.lose your job.

housetypeb

You had under 11 hours sleep? Poor baby-no wonder you were feeling cranky the next day.

Gummy Panda

housetypeb wrote: »

You had under 11 hours sleep? Poor baby-no wonder you were feeling cranky the next day.

He is suppose to have 11 hours rest between shifts by law.

You all know what he meant so don't be knobs about it

EverEvolving

It mightn't have been the most tactful thing to say to your manager but it's hardly a sackable offense.

Why do you need a witness? You're not denying you said it but I assume you need to get the point across that it was said in jest. Give us a bit more on the story there...

razorblunt

Under 11 hours sleep, you're right she's a cnut. What was she thinking?

yermandan

Gummy Panda wrote: »

He is suppose to have 11 hours rest between shifts by law.

You all know what he meant so don't be knobs about it

I didnt

splendid101

Balfie wrote: »

she put in a formal complaint!, an the witness that I have wants to keep his job so I have no witness, do I have a chance?

There's no chance of you getting fired over this.

If you followed up your question with, "do you want to be?" and then handed her a wrap of coke, then I'd say there's every chance. But you can't be fired for asking someone if they're on drugs. It might have been cheeky or rude, but it's still not a sackable offence.

orourkeda

I'd resign. Whats she going to do when you have a row with her.

MagicSean

I reckon there is more to the story than the op is telling. Op did you grope her while you were talking or something?

TheZohanS

Balfie wrote: »

me being sarcastic thinking she was joking, said "are you on drugs I need some hugs"

Perfectly acceptable, she doesn't have a leg to stand on.

MugMugs

Why would she have to be on drugs to ask you if you're staying late?

MagicSean

MugMugs wrote: »

Why would she have to be on drugs to ask you if you're staying late?

Because he had less than eleven hours sleep?

coach23

Gummy Panda wrote: »

He is suppose to have 11 hours rest between shifts by law.

You all know what he meant so don't be knobs about it

it just eleven hours between the end of one shift and the start of the next what he does in the 11 hours is his own business

castletownman

I'd a friend who worked part-time at the circus during the summer. Got sacked for no apparent reason.

It was a funfair dismissal.

arybvtcw0eolkf

Gummy Panda wrote: »

He is suppose to have 11 hours rest between shifts by law.

You all know what he meant so don't be knobs about it

Straight up now, but I wouldn't have known that.

I know in the Defence Forces they can legally give us just four hours between shifts but they must provide accommodation & a bed.

And at sea the navy operates in four hour shifts..

OT - Op, bar jobs are a dime a dozen (in Dublin anyway) don't stress.

jhegarty

Finley Enough Gypsum wrote: »

Straight up now, but I wouldn't have known that.

I know in the Defence Forces they can legally give us just four hours between shifts but they must provide accommodation & a bed.

And at sea the navy operates in four hour shifts..

OT - Op, bar jobs are a dime a dozen (in Dublin anyway) don't stress.

And they can also tell you to run at the guy shooting a machine gun at you.

So not exactly a normal job,

Dionysus

Balfie wrote: »

Well I was working in a job, I'm not going to mention it, and yes this is after hours, I can see that LeeG is the only only one awake, keep this here please!

anyways! I worked till 3:30am one night, the next day I had under 11 hours sleep! and a manager said to me "i heard your staying late tonight"

me being sarcastic thinking she was joking, said "are you on drugs" I'm wrecked,

she put in a formal complaint!, an the witness that I have wants to keep his job so I have no witness, do I have a chance?

I would have corrected her grammar....


She doesn't sound like an experienced manager, and you could improve on knowing where that line is between both of you.

minidazzler

Gummy Panda wrote: »

He is suppose to have 11 hours rest between shifts by law.

You all know what he meant so don't be knobs about it

I don't think everyone knows that, I've never even heard such a thing.

Gummy Panda

minidazzler wrote: »

Gummy Panda wrote: »

He is suppose to have 11 hours rest between shifts by law.

You all know what he meant so don't be knobs about it

I don't think everyone knows that, I've never even heard such a thing.

It's the Organisation of Working Time Act.

Mark200

Gummy Panda wrote: »

It's the Organisation of Working Time Act.

Ah of course, everyone's favourite bed-time read.

suicide_circus

Mark200 wrote: »

Ah of course, everyone's favourite bed-time read.

Maybe not but it wouldnt kill yiz to know your basic employment rights. Normal jobs its 11 hours between shifts. Airline, shipping, airports etc its 9/10 hours. If youre Marion finnucane its 144 hours and so on...

3ndahalfof6

say you said, youve got big lugs, then point at her and say, look she does.

Snowie

lie, wait till you get into the interview say that theres been sexual tension since she hit on you and you turned her down and you didn't want a cause a fuss over it and watch her jaw drop

John Doe1

Kick her in the nuts

Kasabian

Op it's simply your word against hers, no employer is going to risk an unfair dismissal case because of an exchange of words.

Immaculate Pasta

I'm baffled by the OP. I'm convinced that it doesn't make any sense. :cool:

Also I wouldn't ask After Hours for job advice, everybody on here is on the dole anyway :P

Balfie

Jaxxy wrote: »

What exactly is her complaint? That you asked her if she was on drugs?

yep, that was her complaint! Started telling me that it showed a lack of respect and all that.. It's the biggest joke I've heard in my life. She couldn't take a joke an went on a mad one over it.

Jaxxy

Balfie wrote: »

yep, that was her complaint! Started telling me that it showed a lack of respect and all that.. It's the biggest joke I've heard in my life. She couldn't take a joke an went on a mad one over it.

You can't get let go over that, not unless you've had other complaints made against you. All you have to do is explain that you thought she was joking, responded in kind and meant no disrespect. She sounds like a weapon to be honest, is she normally like that or has she just taken a disliking to you?

Another question, how did you find out she'd made a formal complaint? Did she tell you herself or did you hear it through the grapevine? If either of the above is the case then get proactive, go and speak to whoever her manager is.

Fear Uladh

Give that bitch some hugs, bitches like hugs.

Balfie

Jaxxy wrote: »

You can't get let go over that, not unless you've had other complaints made against you. All you have to do is explain that you thought she was joking, responded in kind and meant no disrespect. She sounds like a weapon to be honest, is she normally like that or has she just taken a disliking to you?

Another question, how did you find out she'd made a formal complaint? Did she tell you herself or did you hear it through the grapevine? If either of the above is the case then get proactive, go and speak to whoever her manager is.

she just took a disliking to me.. I dunno why, Didn't do anything wrong,

I was told in the meeting when they told me that I was no longer working there..

I got up to leave as soon as he said it, and he wouldn't let me leave, came running after me telling me to get back into the office, I said, I no longer work here, I have nothing to stay here for, ya told me that I have lost my job, so I'm out of here, went to go to the staff room to get my stuff, and he had another manager and the security guard walk me out of the building. Complete over reaction, just because I wanted to leave.

It's a complete joke! I've never heard of anything like it before in my life!

Jaxxy

To the LRC with you, I'll help you myself.

Turpentine

Balfie wrote: »

she just took a disliking to me.. I dunno why, Didn't do anything wrong,

I was told in the meeting when they told me that I was no longer working there..

I got up to leave as soon as he said it, and he wouldn't let me leave, came running after me telling me to get back into the office, I said, I no longer work here, I have nothing to stay here for, ya told me that I have lost my job, so I'm out of here, went to go to the staff room to get my stuff, and he had another manager and the security guard walk me out of the building. Complete over reaction, just because I wanted to leave.

It's a complete joke! I've never heard of anything like it before in my life!

I hope for their sake they gave you a verbal and two written warnings prior to your dismissal, otherwise there might be a few bob in it for you.

Balfie

Turpentine wrote: »

I hope for their sake they gave you a verbal and two written warnings prior to your dismissal, otherwise there might be a few bob in it for you.

no they didnt.. nothing at all.

Turpentine

Balfie wrote: »

no they didnt.. nothing at all.

I'm no lawyer, but you can't just be dismissed without due process, which as far as I am aware requires verbal and written warnings. Unless you were fired for something particluarly heinous, but it doesn't sound like that from what you've said.

D1stant

Balfie wrote: »

no they didnt.. nothing at all.

If you were permanent, then you have a case

But AH is probably not going to help

---> Legal forum

westendgirlie

You cannot be fired for first offence, unless it is for something serious like assault, drugs or theft.

The meeting should of been an opportunity for both parties to give their versions of events. If, at the end of the meeting it was found that you were in the wrong, then a verbal warning should be issued. You were also entitled to representation in the form of union rep, work colleague, family member or a friend.

Get onto NERA.

CrazyRabbit

Only one option left. Go postal.

280special

Get some professional advice on this. I know there are always two sides to a story but from what you have told us you have one hell of a case for unfair dismissal.

Be warned though that as soon as they cop on to the stupidity of their actions they may well go into damage limitation mode and may come up with all sorts of crap to cover their tracks, including downright lies !

Therefore can i suggest that you write down everything that happened and the timescales involved, and do it now before time passes and stuff starts getting confused !

Sounds like a lovely place to work !

Fart

I remember when I worked for Bummes Doors and I'd often finish work at 10pm and be in for 7:30am the next morning. I mentioned it to them about having 11 hours between shifts but they just shrugged their shoulders. c***s. The petty little wannabe big shot managers there would make sure they get their rest.

MagicSean

Should have the next AH beer night there and everyone can keep asking her for a score.

Le King

Turpentine wrote: »

I'm no lawyer, but you can't just be dismissed without due process, which as far as I am aware requires verbal and written warnings. Unless you were fired for something particluarly heinous, but it doesn't sound like that from what you've said.

Nope if the employer quantifies an act as gross misconduct he can be dismissed without prior warnings. Likely, gross misconduct is inappropriate in this case.

I'd be more worried about receiving a Final Written warning. At least if you're dismissed you have a case.

I'd seek legal advice if you can sense a head hunt here. Sounds like your manager doesn't like you.

Turpentine

Le King wrote: »

Nope if the employer quantifies an act as gross misconduct he can be dismissed without prior warnings. Likely, gross misconduct is inappropriate in this case.

I'd be more worried about receiving a Final Written warning. At least if you're dismissed you have a case.

I'd seek legal advice if you can sense a head hunt here. Sounds like your manager doesn't like you.

You've pretty much just repeated and paraphrased what I said in the post you quoted

--LOS--

That's sound ridiculous and completely unfair tbh, are you in a union?