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More work trouble/disciplinary hearing

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  • 17-09-2013 10:38pm
    #1
    Registered Users Posts: 201 ✭✭


    Hi everyone,

    So I posted on here after having trouble with my manager in work. I have been off sick and have been under constant pressure for sick notes etc even though I constantly provide them on a weekly basis as per agreed in my contract. In addition to this, i feel as though I have been bullied in my job, even before I was signed off as sick. I decided two weeks ago that enough was enough, and contacted head office. Today, I got a letter by registered post. It said that they had put the allegations to the management staff involved and that the allegations were "wholly denied".

    My manager has also claimed that I have not provided her with any medical certificates, nor did she even know I was sick, she assumed I was just "not coming to work". I have provided her with these certificates, she called my doctor (which she later denied) to confirm the validity of my certificates, and my doctor faxed them over again, so she has received them twice.

    They also apparently spoke to my assistant manager and they "regret to inform me that their statements collaborate with each other, and both feel my attitude to work is less than desirable". Now, I will not say they're aren't things I could improve on, however I feel this to be completely unfair. There have been days when I have been like a leaf going into work with nerves at the thoughts of facing her.

    Now head office want to see me next week. I have a letter from the doctor stating that she has supplied me with notes from whatever date until now and that she has spoken to somebody within the company who approached her about this. I know I am not in the wrong, however, this letter makes me feel as though I have been blamed and told I am lying without being given a chance to put the evidence forward. I know I will have a chance to do this next week, but I am nervous and was wondering if anyone has some advice as to what my rights are?


Comments

  • Registered Users Posts: 6,510 ✭✭✭dobman88


    Stop worrying. The best thing that could happen is for you to go to head office and show them everything which will prove your manager and asst manager were lying. Just don't forget the certs or doctors letter :)

    Now, while you will be showing your managers bosses that they were lying and you are not in the wrong, I wouldn't expect things to be too easy when you get back. I remember reading your last thread and it sounds like your management are thick as thieves with each other. The harsh reality is they may be harder on you for showing them up, even though you are right and you wont get anything easy in work after this.

    I know that isn't what you want to hear but it is the reality of the situation IMO. Best case scenario, your boss might get the kick in the whole they deserve and be nice to you but I don't see that happening.

    Best of luck with everything and fair play to you for standing up for yourself, very admirable.


  • Registered Users Posts: 201 ✭✭username_x


    Thank you, I really appreciate that. I have been told on more than one occasion I am overreacting.

    I am fully aware that things will be made more difficult for me, however I won't be standing for this either as I have done nothing wrong in getting as sick as I have.

    I was speaking to the NERA helpline today and read the letter over the phone to them and they have told me that I have been "accused of impropriety of a legally binding contract" which is apparently very serious as they are not providing me with any proof that I have done so. They have also told me I have a case for court. I have also been told that I am entitled to a copy of both managers statements and should not comment on them unless they are provided as statements can be changed and I won't have a leg to stand on. Can anyone confirm if this is the case?


  • Registered Users Posts: 6,510 ✭✭✭dobman88


    Definitely get a copy of the statements. Head office should supply them no problem. Also, bring a friend or a trusted colleague with you to the disciplinary meeting. In my contract it states that I can have one person of my choosing present for all disciplinary meetings. Have a look and see if you can do that, would be a bit of moral support if nothing else.


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


    username_x wrote: »
    Thank you, I really appreciate that. I have been told on more than one occasion I am overreacting.

    I am fully aware that things will be made more difficult for me, however I won't be standing for this either as I have done nothing wrong in getting as sick as I have.

    I was speaking to the NERA helpline today and read the letter over the phone to them and they have told me that I have been "accused of impropriety of a legally binding contract" which is apparently very serious as they are not providing me with any proof that I have done so. They have also told me I have a case for court. I have also been told that I am entitled to a copy of both managers statements and should not comment on them unless they are provided as statements can be changed and I won't have a leg to stand on. Can anyone confirm if this is the case?

    No one here can as you are straying into legal advice tbh, you need to consult a solicitor.

    One thing that struck me from your OP is that you have been out sick for weeks.

    That can be cause for a company to terminate your employment, as you can be classed as unfit for the job.

    How long are you in the job?


  • Registered Users Posts: 201 ✭✭username_x


    Yeah they stated in the letter I was entitled to a witness which I have sorted.

    I've been out for 8 weeks. Well, I've been out for 11 weeks, but the first three were annual leave which I had booked off and the following 8 were certified sick days. My doctor has now said that she feels the main problem at the moment is work related stress, as I was doing great before this. I was getting back on my feet and getting back to myself. When I tried to return to work (which I have) I have either been turned away at the door for not providing a medical certificate (which had only ended the day before) that I had with me, and a fit to work certificate, which I also had with me. When I was eventually allowed back to work I was in for about two hours before being ridiculed and asked by differen employees about the nature of my illness which they should not have known, however this is a different issue entirely. The point is my doctor now believes its work related stress stopping me from going to work and causing the anxiety.


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  • Registered Users Posts: 201 ✭✭username_x


    And I am in the job over two years. The only other significant absence I had was again certified, for three weeks after an operation.


  • Registered Users Posts: 201 ✭✭username_x


    Was just making notes for the meeting, And have just realised that I actually contacted head office about my medical certs. So in actual fact the company knew I was sick. Now I have no idea where I stand


  • Registered Users Posts: 77 ✭✭Ray13


    You are up against it, PM me if you want to discuss.


  • Registered Users Posts: 77 ✭✭Ray13


    Ray13 wrote: »
    You are up against it, PM me if you want to discuss.

    How are you getting on, it seems they are in the wrong. Chin up and keep us updated. Is the hearing looming soon? Dont post the date....


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