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Verbal warnings help

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  • 09-03-2014 4:11am
    #1
    Jenson86
    Closed Accounts Posts: 17 ✭


    Ok so I need to know what to do about the following:

    Two individuals did not follow a particular policy. Only one (me) got a verbal warning while the other had no action taken against them and was told not to tell anyone they got away with it. Where do I stand and what can I do. This person is going to deny he told me he got away without a warning if questioned about it. Both of us have clean records with this company and excellent yearly performance reviews

    Thanks in advance!


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    #2
    ElleEm
    Closed Accounts Posts: 3,981 ✭✭✭ElleEm


    Jenson86 wrote: »
    Ok so I need to know what to do about the following:

    Two individuals did not follow a particular policy. Only one (me) got a verbal warning while the other had no action taken against them and was told not to tell anyone they got away with it. Where do I stand and what can I do. This person is going to deny he told me he got away without a warning if questioned about it. Both of us have clean records with this company and excellent yearly performance reviews

    Thanks in advance!

    Personally, I would say do nothing. You did not follow policy and you got a warning. Move forward with your own position and don't concern yourself with others.


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    #3
    Jenson86
    Closed Accounts Posts: 17 ✭Jenson86


    ElleEm wrote: »
    Personally, I would say do nothing. You did not follow policy and you got a warning. Move forward with your own position and don't concern yourself with others.

    I had moved on and accepted it. But in my disciplinary hearing management stated that it was a difficult situation as all staff had admitted to not following this policy so if they have me a warning they would have to give all staff a warning. It transpired that this did not happen and I am the fall guy for everyone else. It's a difficult situation and this warning is on my file for 12 months.


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    #4
    Mrs OBumble
    Registered Users Posts: 25,968 ✭✭✭✭Mrs OBumble


    You have no proof that the other guy didn't get a warning, he may be messing with you head.

    Do nothing, and follow policy from now on.


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    #5
    Jenson86
    Closed Accounts Posts: 17 ✭Jenson86


    Mrs OBumble wrote: »
    You have no proof that the other guy didn't get a warning, he may be messing with you head.

    Do nothing, and follow policy from now on.

    He told me he didn't get one, and a senior person (friend) involved in the hearing confirmed this to me.


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    #6
    Bepolite
    Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    Absolutely nothing to stop a company doing this, they are perfectly entitled to do so as long as they follow correct procedures they can arrive at differnt decisions in identical circumstances.

    See generally State (Keegan) v Stardust Compensation Tribunal


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    #7
    bbam
    Closed Accounts Posts: 7,410 ✭✭✭bbam


    Jenson86 wrote: »
    I had moved on and accepted it. But in my disciplinary hearing management stated that it was a difficult situation as all staff had admitted to not following this policy so if they have me a warning they would have to give all staff a warning. It transpired that this did not happen and I am the fall guy for everyone else. It's a difficult situation and this warning is on my file for 12 months.

    Your your own man on this one... You did wrong and you got a slap on the wrist.. Keep your head down and get over it..

    Your "mate" could be telling the truth or not, but its no business of yours !!!


    On another point that you won't like to hear..... the warning will be in your file forever, but it will expire in 12 months. Once a document is on your file it should never be removed or it wouldn't be a complete record of your employment. I'm always amused that employees think of managers going in and shredding paperwork out of their files, this doesn't happen, it should never happen !


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    #8
    blindsider
    Registered Users Posts: 2,022 ✭✭✭blindsider


    Bepolite wrote: »
    Absolutely nothing to stop a company doing this, they are perfectly entitled to do so as long as they follow correct procedures they can arrive at differnt decisions in identical circumstances.

    See generally State (Keegan) v Stardust Compensation Tribunal

    Really? (Genuine question?)

    Are consistency & fairness not relevant?

    I know you've quoted a case, but I'm sure there are others that differ.

    (I'm not a solr, so not claiming to be an expert, but I've done a bit of employment law.)


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    #9
    Bepolite
    Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    blindsider wrote: »
    Really? (Genuine question?)

    Are consistency & fairness not relevant?

    I know you've quoted a case, but I'm sure there are others that differ.

    (I'm not a solr, so not claiming to be an expert, but I've done a bit of employment law.)

    Nope no fairness or consistency standard unless you want to correct that which I welcome; only that the decision does not contravene common sense. Obviously that's a legal standard that can't be gleamed from simply parsing the words from a lay perceptive.

    Putting that aside, in any given situation, each will be judge by it's own merits. The fact that one employee does one thing almost identical to another does not detract from the possibility that, either employee may approach the situation differently resulting in differing decisions.

    In regards to others differing, Employment cases don't set precedence so there is an element of them doing their own thing. Keegan has been good (if not perfect) law for quite a while the only recent case which has differed from it is Meadows and there are some opinions there was no change at all.


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    #10
    Jenson86
    Closed Accounts Posts: 17 ✭Jenson86


    So I would just like to provide an update. My appeal of the sanction was upheld with an apology from the company. The verbal warning eradicated from my file based on unfairness and inconsistency with the sanction placed upon me with regards to other employees. In addition, procedure was not followed. So for those of you that said 'do nothing' I'm pretty glad I ignored your advice otherwise this would have been hanging over my head for 12 months.


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