legal advice

Irishstabber

This topic relates to an incident at work yesterday which has me quite upset so much so that i cant sleep and so i've decided to find out does it have any legal bearing.

I was asked by a colleague to inform management that she wouldn't make it into work on the basis that her uncle has been diagnosed with a terminal illness for the 2nd time, which will involve chemo treatment, and she was in no state to work. She couldnt get through to work to tell this personally and i doubt she was in any state to talk.

Later in the day I was called into the personnel office to explain the situation to the HR manager. I explained the story once again, told her that the family was with him and she had to be there(she is very close to her uncle) and I then was hit with the question....."what is she gonna do? hold him up while he gets his chemo?"..."I dont mean to be bad, but what does she expect she can do?"
I was absolutely shocked I stood still and couldn't speak.....I just told her thats all I know but I had plenty more to say but I held my tongue.

I went through the same thing my colleague is going through 5 years ago and it was a prolonged death and it really impacted me and my life. I come from a close family as does she so I understand her situation. I was insulted by the comment made, I was absolutely disgusted that someone could say this. Especially the HR manager.

My question is does this fall under any employment acts as discrimination or harrassment or anything at all. It warrents a complaint to head office for sure, but I'd like to know does it warrant anythin else.

Any and all help appreciated.

cast_iron

I can't say for sure, but I'm pretty sure you can't ask what you are asking in the manner you are asking!

As the Charter says, you can't seek advice on a particular incident....however if you asked it as a hypothetical situation, then it wouldn't be a problem.

I'm sure a Mod will make this more clear later on.

Hagar

It was a stupid, off-handed comment made in private by someone who should know better. That's about it really. Why would you even be considering legal advice?

As soon as you tell your friend she will be even more distressed, is that what she needs right now?
It's going to be your word against the HR person's if you go that far, unless there was an independent witness who will back you up. It will be a classic "I never said that, you must have misunderstood what I did say" situation.

If you did take an action, what would be the best outcome that you could imagine and the worst?
What position will you be left in workwise after an un-winnable attack on HR?

Is the possible win worth the probable loss?

/Edit IANAL - Personal advice only

Irishstabber

I doubt it would be an independant witness but the store assistant manager was in the room at the time and I was noticably steaming with rage to my colleagues for the rest of the day...im not seeking legal advice to pursue it its merely for my pleasure.

ps. I am sorry to the mods I know the rules my mind is going 90 at the mo so I wasnt thinking straight.

Hagar

Irishstabber wrote:

I doubt it would be an independant witness but the store assistant manager was in the room at the time

Life tells me that he/she heard none of this. He/She wants to be manager some day.:o

/Edit IANAL - Personal advice only

hullaballoo

Irishstabber wrote:

I doubt it would be an independant witness but the store assistant manager was in the room at the time and I was noticably steaming with rage to my colleagues for the rest of the day...im not seeking legal advice to pursue it its merely for my pleasure.

ps. I am sorry to the mods I know the rules my mind is going 90 at the mo so I wasnt thinking straight.

You know the rules, but still managed to call the thread "legal advice" dispite the primary focus of the charter being on the fact that you can't ask for legal advice?

Please read the forum charter and stickies, and go and speak with a solicitor. It sounds like your HR department is exactly the same as all other HR departments in Ireland.

Thread closed.