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Suspension

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  • 05-05-2016 9:57am
    #1
    Sam_96
    Registered Users Posts: 1 ✭


    Can anybody help me? How long after a suspension can I take up a case for unfair disciplinary procedure? Thanks, Sam.


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    #2
    livedadream
    Registered Users Posts: 2,457 ✭✭✭livedadream


    In short you can do it immediately. You can appeal every decision that's made straight away in writing.

    other than that We're going to need more info Sam.

    What was unfair regarding the procedure? Is it suspension with a view to investigation of an issue, it is suspension with a view to dismissal? etc etc


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    #3
    duploelabs
    Registered Users Posts: 11,414 ✭✭✭✭duploelabs


    I'd certainly get advice from a solicitor, but from my own personal experience, you can't do anything legal until the disciplinary procedure and you've exhausted all avenues of appeal, given that your contract is cancelled and dismissed. The courts do not view it well if you've immediately jumped to a legal avenue as it just seems that you're in it for the money


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    #4
    livedadream
    Registered Users Posts: 2,457 ✭✭✭livedadream


    duploelabs wrote: »
    I'd certainly get advice from a solicitor, but from my own personal experience, you can't do anything legal until the disciplinary procedure and you've exhausted all avenues of appeal, given that your contract is cancelled and dismissed. The courts do not view it well if you've immediately jumped to a legal avenue as it just seems that you're in it for the money

    Who said his contract has been cancelled and dismissed?

    He is still employed, he's just suspended.

    Dont go to a solicitor, if you think the procedure was unfair appeal, if you think its biased or incorrect contact NERA and have them follow up.


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    #5
    duploelabs
    Registered Users Posts: 11,414 ✭✭✭✭duploelabs


    livedadream wrote: »
    Who said his contract has been cancelled and dismissed?

    He is still employed, he's just suspended.

    Dont go to a solicitor, if you think the procedure was unfair appeal, if you think its biased or incorrect contact NERA and have them follow up.

    Because if a suspension has been enacted, it is always important to know what your rights are and that every letter of the law and the contract has been followed by all parties, otherwise it could come back and bite them


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    #6
    livedadream
    Registered Users Posts: 2,457 ✭✭✭livedadream


    duploelabs wrote: »
    Because if a suspension has been enacted, it is always important to know what your rights are and that every letter of the law and the contract has been followed by all parties, otherwise it could come back and bite them

    you didnt answer my question.

    where in his post did he say his contract has been cancelled or that he has been dismissed?

    you have made an incorrect assumption, that is going to worry/panic the OP more than he has too.

    I've had to use suspensions to investigate things or have had to suspend employees knowing full well they will not be dismissed, its used as a tool to either let things calm down, investigate, or punish staff members. I've also had to suspend employees for reasons beyond an organisations control, addiction issues, criminal proceedings etc that have nothing to do with their employment directly.

    Yes it is extreme but that doesnt mean he needs to be running off to a solicitor before speaking to his Hr or manager regarding the issue.

    If he believes he was treated unfairly or that proper practice was not followed he needs to make a complaint or appeal the decision.

    Other than that we do not know anything other than he was suspended and wants to take a case for unfair procedure (which doesnt exist FYI)


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    #7
    duploelabs
    Registered Users Posts: 11,414 ✭✭✭✭duploelabs


    livedadream wrote: »
    you didnt answer my question.

    where in his post did he say his contract has been cancelled or that he has been dismissed?

    you have made an incorrect assumption, that is going to worry/panic the OP more than he has too.

    I've had to use suspensions to investigate things or have had to suspend employees knowing full well they will not be dismissed, its used as a tool to either let things calm down, investigate, or punish staff members. I've also had to suspend employees for reasons beyond an organisations control, addiction issues, criminal proceedings etc that have nothing to do with their employment directly.

    Yes it is extreme but that doesnt mean he needs to be running off to a solicitor before speaking to his Hr or manager regarding the issue.

    If he believes he was treated unfairly or that proper practice was not followed he needs to make a complaint or appeal the decision.

    Other than that we do not know anything other than he was suspended and wants to take a case for unfair procedure (which doesnt exist FYI)
    It's not my question to answer.

    Anyone with an inch of gumption knows that a HR department is there to protect a company's interest, not the employees. If he/she is the subject of the investigation then it is common sense to arm themselves with all impartial knowledge. Nera or a solicitor will provide that information


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    #8
    livedadream
    Registered Users Posts: 2,457 ✭✭✭livedadream


    It's not my question to answer.

    i asked you, therefore it is, you made something up now cant stand by it.
    Anyone with an inch of gumption knows that a HR department is there to protect a company's interest, not the employees. If he/she is the subject of the investigation then it is common sense to arm themselves with all impartial knowledge. Nera or a solicitor will provide that information

    OP never said they were the subject of an investigation or the reason why they were suspended.


    HR are there to uphold the law aswell. You clearly have a biased view from as you stated your own person experience. which is fine, i do too.

    However telling someone to run off to a solicitor is never the first option for anything.

    NERA is offers a free service to individuals who want to ensure they have been treated fairly. which I advised.

    without knowing the in's and outs you cant possibly advise on going to a solicitor to take a case, the individual could have been suspended for their own safety, or because they are subject to an investigation or for any number of reasons.

    Calm down and stop trying to freak them out more than they are.


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    #9
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    Sam_96 wrote: »
    Can anybody help me? How long after a suspension can I take up a case for unfair disciplinary procedure? Thanks, Sam.

    The first thing to do is get out your contract of employment, read through their disciplinary procedure and see if they have followed this.

    Secondly, if you are employed less than 1 year, you will not be able to bring a case for unfair dismissal under the terms of the UFDA.

    Thirdly, there is usually a timeframe set out for appeals, it is usually within 1-2 weeks of the disciplinary hearing, has this elapsed?

    Fourthly, were they right? Did you deserve to be disciplined, if you did and procedure was followed, you are fighting a losing battle.

    Fifth, are you suspended pending investigation prior to a disciplinary hearing being held or is your suspension the result of the hearing?


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