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Arrested after Work Christmas Party?

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  • Registered Users Posts: 991 ✭✭✭TuringBot47


    road_high wrote: »
    Fired for what exactly? This didn’t happen at work, during work time or in the process of work. People have personal lives and time in which they can make unfortunate mistakes. This isn’t a reason for sacking them

    Yes it is.

    Employers have a legal duty of care for all their employees.
    If someone has a history/record of violence and the company is aware of this, and the person repeated it again against a member of their staff/customers then the directors are responsible.

    Employers are legally obliged to hire employees who are not a danger to others.
    That includes training and behavior / emotional stability.

    But it depends on whether the OP was charged with drunk & disorderly, a public order offence or more serious stuff like assault. (definite grounds to fire)


  • Registered Users Posts: 4,638 ✭✭✭andekwarhola


    Lots of people in this thread have never read a work contract...

    Reading boards sometimes, you'd wonder is there any egregious lapse of personal responsibility that cannot be papered over with an asshat chorus of justification and barstool lawyering.


  • Registered Users Posts: 12,114 ✭✭✭✭Gael23


    The first thing you need to do is immediately contact your union rep if you have one. If you don’t then start looking for a new job


  • Registered Users Posts: 638 ✭✭✭rtron


    Was at non official work pints thing before where two lads got to fisty cuffs. It got broken up before it got too bad. Of course everyone knew the next morning. The manager said if that had been a work event both would have been fired.


  • Registered Users Posts: 5,442 ✭✭✭LollipopJimmy


    Few questions that will be relevant

    - Was there a load of free drink at the event?
    - Was there a code of conduct sent beforehand?
    - How long are you in the company?
    - Were you asked when joining if you had any convictions?
    - If so did you disclose your previous convictions - you've had a few.
    - What way has it been left with the Guards, statements given or brought in to dry out?


    The bigger worry for you is if you're found guilty of an offence you will probably be doing a bit of time on a state funded holiday given your previous convictions.


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  • Closed Accounts Posts: 6,816 ✭✭✭skooterblue2


    rtron wrote: »
    Was at non official work pints thing before where two lads got to fisty cuffs. It got broken up before it got too bad. Of course everyone knew the next morning. The manager said if that had been a work event both would have been fired.

    Was a work xmas party thing 20 years ago. A line manager and her sister had a feed of drink and they had previous drama cos one boyfriend left the other. Anyways the drink went in and spirit came out and they had a fight in the hotel. Both were sacked on monday. When the line manager was sacked the line went to crap and she was brought back within 3 weeks. No guards were called and no charges were brought. The company was a MNC in a hick town.


  • Posts: 3,689 [Deleted User]


    Did the company provide a "free bar" at any stage during the party OP?


  • Closed Accounts Posts: 6,816 ✭✭✭skooterblue2


    The bigger worry for you is if you're found guilty of an offence you will probably be doing a bit of time on a state funded holiday given your previous convictions.

    There are much more serious things going on in Ireland.Hopefully an apology in front of the judge and a few hundred into the poor box should calm the situation and bound to the peace for a few years. The prison sentence is a big no no for MNC hiring.


  • Registered Users Posts: 5,442 ✭✭✭LollipopJimmy


    There are much more serious things going on in Ireland.Hopefully an apology in front of the judge and a few hundred into the poor box should calm the situation and bound to the peace for a few years. The prison sentence is a big no no for MNC hiring.

    Somebody earlier made mention of a previous history so I looked at his post history - This guy has a history of getting into drunken fights and the apology ship seems to have sailed.


  • Registered Users Posts: 6,888 ✭✭✭ebbsy


    A few lads sprayed acid on kids down in Waterford recently and got a caution.

    OP will be fine.


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  • Moderators, Category Moderators, Arts Moderators, Sports Moderators Posts: 49,617 CMod ✭✭✭✭magicbastarder


    Lots of people in this thread have never read a work contract...
    regardless of the law relating to what constitutes work related activities or not, it's going to create a headache for a manager if one employee is able to state 'i was punched by my colleague and refuse to work with them again'. the manager can hardly order them to suck it up?


  • Banned (with Prison Access) Posts: 3,315 ✭✭✭nthclare


    Happened with a friend of mine who's a bit of a loose cannon.
    Both people were given the sack.

    What's more worrying about the situation is that the OP seems to be dismissive with the situation and more worried about himself than the crime committed.

    Looks like your luck run out OP and if you're unable to be responsible for your behaviour, reactions and judgment then it's your own fault.

    Ironically if someone had a go at me I'd probably let it go and try and get the person off the hook and more than likely defuse the situation and shake his hand and leave it.

    Banter and disagreement can be heated, there's a guy working with me and he's a right wanker, and a few times a week I have him pass comments and try winding me up.

    I just laugh in his face because hes 5 foot nothing and challenged with gravity if you get my drift...

    For your sake hopefully your colleague will drop the charges and you'll hold onto your job...

    Maybe you may need to give up the hooch too


  • Closed Accounts Posts: 6,816 ✭✭✭skooterblue2


    Somebody earlier made mention of a previous history do I looked at his post history - This guy has a history of getting into drunken fights and the apology ship seems to have sailed.

    To put a guy in prison you have to have a place for him. I am not downplaying the seriousness of the situation but I am not sure there are spaces in prison for that sort of crime in respect do drugs violent robbery, serious assault and what not. The judge could sentence him to a month on Friday but the governor could argue I dont have a place and could have him released by 12 am on monday.


  • Banned (with Prison Access) Posts: 3,315 ✭✭✭nthclare


    To put a guy in prison you have to have a place for him. I am not downplaying the seriousness of the situation but I am not sure there are spaces in prison for that sort of crime in respect do drugs violent robbery, serious assault and what not. The judge could sentence him to a month on Friday but the governor could argue I dont have a place and could have him released by 12 am on monday.

    Id say that's what will happen alright, they could send him down to Limerick too, or Cork
    Or the Midlands


  • Closed Accounts Posts: 6,816 ✭✭✭skooterblue2


    nthclare wrote: »
    For your sake hopefully your colleague will drop the charges and you'll hold onto your job...

    Maybe you may need to give up the hooch too

    Easier said than done. What if there was dental damage, a scar or a black eye (the last one women take very seriously). Some people in public jobs (doctor nurse teacher etc etc) who hold themselves up as pillars of the community, its not so easy to make that go away.

    Remember it cost Albert Reynolds £250k to recoupe 1 penny and his reputation from the Sunday Times when they called him a gombeen man.

    At this stage, the guards are getting to know your name and face which is not a good thing.


  • Registered Users Posts: 991 ✭✭✭TuringBot47


    Somebody earlier made mention of a previous history so I looked at his post history ...

    Okay, that puts a different light on things.
    If the company knew his record/behavior then the other employee (if they were assaulted) would have a case to sue the company for failing to provide a safe working environment (which includes fellow employees).

    Firing seems like the only sensible option open to the company.


  • Closed Accounts Posts: 6,816 ✭✭✭skooterblue2


    Okay, that puts a different light on things.
    If the company knew his record/behavior then the other employee (if they were assaulted) would have a case to sue the company for failing to provide a safe working environment (which includes fellow employees).

    Firing seems like the only sensible option open to the company.

    We still dont know how serious this assault was. It could have just been spitting or it could have been full cuffs in the street. I know an MNC who hired a "thug" not a "soldier" who was in the INLA who burned a widow out of her house in another state and served time but it was never flagged when he was hired on permanent contract.

    The OP has two choices, either admit he has a problem to the company and get a medical cert and treatment and get a stay of execution or start looking for a new job. I would say go with the new job, they are going to work a way out to fire you. Legal can get so creative with work metrics and there is a downturn coming soon. I know of a girl who couldnt pass her exams as an accountant and they used creative metrics for firing her from one of the "Big 4". Obviously there was more to it than that, I wasnt told the whole story. She was going to sue for unfair dismissal but nothing came of it.


  • Registered Users Posts: 687 ✭✭✭reg114


    Conor84 wrote: »
    Was at my Christmas Party at the weekend, All went OK and 3 of us left after midnight to go somewhere else. A few hours later things got a bit messy and 2 of us had a bit of a "dispute" and it didn't end up well and I ended up getting arrested. Really regret what happened but am dealing with it now.

    I am due back in work on Wednesday have been told I have to see my Manager when I am back in. I am just wondering what powers my job have about this especially if the Gardai are dealing with this? This happened outside work time so should they be getting involved at all?

    I think if a night on the town ends up with your being arrested for assault the last thing on your mind should be your job security or your professional reputation. Getting violent on a night out is the ultimate in loss of control, everyone over the age of 16 knows this, Im guessing you are well past the age of 16. Wild stab in the dark here but would I be right in suggesting this isnt the first time you raised a hand to someone ? Whether it is or not you need to sort your head out and stay off the jar till you do. I would be amazed if your employer didnt attempt to 'manage you out of the business' now , especially if there are legal proceedings. I really detest physical violence and its situations like this perpetrated by people with issues, who cant handle their gargle that ruin the night for other civilised adults. Grow up. Get help. and stop drinking until you can handle it. If you lose your job accept it was of your own making.


  • Registered Users Posts: 25,974 ✭✭✭✭Mrs OBumble


    If i were the manager / HR executive id be steering well clear of this one.

    HR departments around the country have time scheduled to deal with Christmas party fallout.

    They don't know who they'll be dealing with, but every year there's someone.


  • Registered Users Posts: 17,399 ✭✭✭✭r3nu4l


    OP, your previous posts on this board all seem to be related to getting arrested, prisoners, community service etc.

    Forget about the job, you can always find another one.

    What really needs attention is yourself! Why are you getting arrested and aggressive when you drink? Maybe see a counsellor or get some help.

    This. OP, you have serious issues that you need to deal with. Nobody needs that kind of stress in their lives. Work on your problems and life will improve dramatically for you. Seriously. Best of luck.


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  • Banned (with Prison Access) Posts: 1,075 ✭✭✭Nift


    listermint wrote: »
    Ay ya. Toxic work environment means you get absolutely blattered and start fights with colleague's so much so to get the Gaurds involved and shipped off to the cells for the night.

    Do people believe this crap.

    Op evidently you can't handle your beer. So you should either stop going out in similar circumstances or lay of the alcohol.

    Expect to lose your job I'm sure there's some gross misconduct in the contract somewhere.

    I love how everyone is offloading the ops personal responsibility on this one. If this was about a walker falling in the mountains and suing the state then the boards massive would be up in arms.


    Own your actions fella.

    Jaysis....

    Corporate heads like yourself really are the worst. It might be that he can be fired but morally he shouldn't be.


  • Registered Users Posts: 4,564 ✭✭✭JeffKenna


    Nift wrote: »
    Jaysis....

    Corporate heads like yourself really are the worst. It might be that he can be fired but morally he shouldn't be.

    I would actually argue that it might be he can't be fired but morally he should be.


  • Banned (with Prison Access) Posts: 391 ✭✭Professor Genius


    Conor84 wrote: »
    No I don't think the Gardai were in touch with work about what happened - just the 2 others from work who were there. When I was getting released and got my phone back I had plenty of messages about it - gave people plenty to gossip about.

    Do you think a spell in a prison would benefit you ?


  • Moderators, Business & Finance Moderators Posts: 10,305 Mod ✭✭✭✭Jim2007


    road_high wrote: »
    They wouldn’t approve of it obviously but on what grounds can they sack someone for fighting with a work colleague outside of work hours, off premises and at a non company event?

    The have a duty of care to provide a safe working environment, I'd imagine it will all depend on what happens with the Garda/DPP... Continuing to employ a convicted person who has assaulted another employee may be an issue.


  • Registered Users Posts: 1,490 ✭✭✭cmac2009


    A lot of posters who have responded would do well to check the forum they are posting in - work problems. He asked a specific question regarding the impact the incident would have at work. This isn't the personal issues forum, some of the sanctimonious responses and digging into his posting history is unnecessary.


  • Closed Accounts Posts: 6,816 ✭✭✭skooterblue2


    cmac2009 wrote: »
    A lot of posters who have responded would do well to check the forum they are posting in - work problems. He asked a specific question regarding the impact the incident would have at work. This isn't the personal issues forum, some of the sanctimonious responses and digging into his posting history is unnecessary.

    You cant ignore the elephant in the room but carry on. Its not like this is the first time the OP has been aware of this kind of behaviour and the professional, social and monetary problems it can cause.


  • Registered Users Posts: 805 ✭✭✭mrmorgan


    I used to work for a company and during one Xmas party, a person attending lost the plot and bottled another person. (this was somewhere else after the party)

    Rightly so, that said person got fired. but that person brought the company to court and got paid for unfair dismissal. I cannot tell u the grounds but must have been that it was outside of normal working hours or that it was a different venue to where the party was actually on.


  • Posts: 0 [Deleted User]


    mrmorgan wrote: »
    I cannot tell u the grounds but must have been that it was outside of normal working hours or that it was a different venue to where the party was actually on.


    Unlikely, far more likely to have been that they didn't follow proper procedure in the dismissal. It's why you have people caught red handed stealing getting pay ours for unfair dismissal. Procedure is key.


  • Registered Users Posts: 805 ✭✭✭mrmorgan


    Unlikely, far more likely to have been that they didn't follow proper procedure in the dismissal. It's why you have people caught red handed stealing getting pay ours for unfair dismissal. Procedure is key.

    ya maybe so, but if you are representing the company. that grounds alone


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  • Registered Users Posts: 19,417 ✭✭✭✭road_high


    mrmorgan wrote: »
    ya maybe so, but if you are representing the company. that grounds alone

    How is somebody representing a company if they’re in a pub or club in their private time. Yes what the OP did was no doubt wrong (we are still very much in realms of speculation and need a lot more detail to comment further) but unless he goes around in company branded uniform with a company name tag planted across his forehead I fail to see how he’s representing them. Are we all turned into corporate robots these days that there’s now no distinction between work and private lives (be they good, bad or indifferent)?


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