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privacy of written warning breached

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  • 17-03-2013 2:17pm
    #1
    kiwidub
    Registered Users Posts: 12 ✭


    I received a written warning the other day after a couple of verbals. that is not the problem. the problem is that I was told all the details of the warning were private and confidential by the issuer. It took 2 days before people in work started asking if I'd gotten the written.I asked were this information came from and was told the source,which is the issuer. I never said a word to anyone about this. Do I have a right to have the written warning removed because privacy has been breached. Is there any course of action I can take.


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    #2
    Stheno
    Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,688 Mod ✭✭✭✭Stheno


    No I don't think you have a leg to stand on getting the warning removed as the person who gave it told people it had been given.

    They may just have said you are on a written warning, without divulging why.

    You can make a complaint to HR about the fact they did that.


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    #3
    Mrs OBumble
    Registered Users Posts: 25,967 ✭✭✭✭Mrs OBumble


    The people in work may have just been spinning a line, to try to get the information out of you.


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    #4
    Irish_Elect_Eng
    Registered Users Posts: 1,260 ✭✭✭Irish_Elect_Eng


    The issuer may have let it slip, that would not be good form.

    But it could have been others, the issuer would probably have spoken to HR or even other managers to calibrate their decision before issuing the warning.


    When a manager says that a warning is private there is a particular definition of private. That is to say that several people at his level or above may know, HR may know and he may even have discussed it with some of your co-workers depending on the issue at hand.

    For Example:

    Worker 1 is abusive to worker 2,Witnessed by Worker 3 in a group of 10 workers. In this case the manager will certainly speak with Workers 1,2,3 and may speak with 4-10 to see if worker 1 has been abusive to them also. Having got confirmation of the issue. He may then inquire of manager 1 & 2 to see id there is an issue with Worker 1 when dealing with their people. Then with all the facts straight he will seek advice from his manager and HR. The written warning will be processed by a person in HR, posted to or more likely given in person to Worker 1 and filed in Worker 1's personnel file. If a meeting is scheduled with Worker 1 by the manager, there others may see the meeting. Worker 2 & 3 may be informed as part of company policy, to ensure that they are aware the due process has been conducted per the disciplinary policy and that the company is acting to protect them also. And of course Worker 1, 2 or 3 may have discussed this with co-workers.

    So by saying private, we are not talking a state secret, just that the manager will not deliberately publicize the warning outside of the people that need to be consulted to investigate and to be fair to the person being investigated / warned.


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