Do I have any redress?

Bored-Stupid

Hi everyone,

I worked over the summer as an accounts assistant with a large chain of pharmacies. While I was working there I used the internet while the boss wasnt working,nothing major,just msn basically. However I never let it interfere with my work. On Wednesday just gone I had a report to do and I was late handing it in. The reason for this is that my computer erased my work 3 times and I had to ring people for clarification. However my manager looked at his firewall, saw that I was on the internet and gave out to me before I went home that evening and said he would have to tell the financial director but he will see me tomorrow.

However on my way home, as I was doing 120kph on the motorway,the FD rang me and said (and I quote) "I hire people on a position of trust, and I dont want you in tomorrow and I never want you to ever approach the premises"

What I would like you to discuss and help me out on are the following points.

1.He waited to ring me until I was driving on the motorway and wouldnt say anything all day at work

2.He fired me without a warning of any description

3. He fired me over the phone

4. I didnt get to explain the situation

PeakOutput

the fact that you said you used the internet when your boss wasn't there implies that you knew you were not supposed to be doing it. was it his personal computer or a work one?

however it does not sound like gross misconduct to me and your entiteled to a full explanation of why you are being fired. the boss sounds like a cowardly dick aswell



also there is a work and jobs forum you might have more luck in

mac1970

You have to check the terms and conditions of your contract.If usage of intrenet is forbidden it can be construed as gross misconduct and he can fire you but if it isnt he has steps to take i.e verbal warning then first written(has to be witnessed),final written(has to be witnessed) and lastly termination(has to be witnessed).You can always contact a solicitor deailing with these types of cases Daly and Jerome in cork(i think thats their name) are specialists in this field.Don't let it drop it could be they were looking for an excuse to get rid of you but i know that if you are contracted it can take up to a year for a lot of these companies to get rid of you,best of luck

kowloon

I you were looking at questionable material it can be considered gross misconduct, But even then this all has to be done officially.
If your browsing was innocent you have a rock solid case for wrongful dismissal and can shaft your boss in classic style.
The most you should have gotten for innocent use was a documented verbal warning so i'd say go straight to a solicitor for advise and stick it to the man.

Dudess

mac1970 wrote:

Daly and Jerome in cork

Ronan Daly Jermyn. South Mall, Cork. Although wouldn't it need to be a more long-term position than a summer job for you to take legal action on unfair dismissal grounds?
I once got a full-time permanent position with a well-known music retailer - after five months I was under the impression that I had passed my probation since the probationary period is three months, I had been given a staff discount card and I hadn't put a foot wrong. In fact I had done well - I had sorted out the games section, which was an unholy mess, thus increasing sales. I had sorted out the video section (twas before the dvd became popular!) and the area manager singled me out for praise for this. I had received a "prize" for the amount of special orders I put in (basically every time someone asked for something we didn't have, I offered to order it for them). I scored highly on customer service (when tested by mystery shoppers/mystery callers).
The retailer sold a product for another company - in an "agent" capacity. This didn't make any money for the store so the manager advised us we did not have to give customer service in this section as much of a priority. Anyway, one day when I was there five months, a guy came in to buy one of the products being sold by this other company. He was being quite unreasonable and demanding and got ratty when I couldn't provide him exactly what he wanted. He asked to speak to a manager but there was nobody around. I wasn't rude to him, but I will admit my manner went from pleasant to a little cold (this was after him getting all hissy fitty). One of my colleagues who was in a kind of supervisory role spoke with him.
The assistant manager did berate me later for not calling her. I told her I thought she was on lunch (I did check on one of the internal phones, I was unable to leave the desk). The store manager was on his day off.
The next day (Saturday), the store manager said nothing to me about the incident - in fact he said the video section looked really good. But he did know about the incident because the assistant manager said she had told him. The following Monday evening he called me up to his office and fired me. I had to do the walk of shame out of the building in front of everyone. He said it was because I had failed my probation - two months after the probationary period ended. And all the other stuff I listed above (including the fact that HE said customer service wasn't as much of a priority when it came to selling the other company's product). He had also sneakily acted like everything was ok and waited a few days - I firmly believe there was no purpose for this other than sheer malice. I had been led to believe that a verbal warning was the first disciplinary action, then a written warning, then dismissal. He literally sent me packing. End of. My dad (who would CERTAINLY not be one of those "have you been mean to my daughter?" types) rang the family solicitor, who told him I would need to be there a year to have grounds for unfair dismissal.
As for that cúnt of a manager, who everyone hated anyway, and who was clearly an unhappy man, he did me a favour. But I still feel a lot of hatred for him (I know, he's not worth it) for humiliating me like that and treating me so badly. I believe HE should be disciplined for such unprofessional behaviour. And I really, really hope he has been.

the_syco

Bored-Stupid wrote:

On Wednesday just gone I had a report to do and I was late handing it in. The reason for this is that my computer erased my work 3 times and I had to ring people for clarification.

It erased your info 3 times? Unless there's a virus, computers don't do this.

Bored-Stupid wrote:

However my manager looked at his firewall, saw that I was on the internet and gave out to me before I went home that evening and said he would have to tell the financial director but he will see me tomorrow.

However on my way home, as I was doing 120kph on the motorway,the FD rang me and said (and I quote) "I hire people on a position of trust, and I dont want you in tomorrow and I never want you to ever approach the premises"

OK. This is suspicious. The fact that when he looked at the firewall, he gave out to you, but he then fired you when he was no longer talking to youface to face. Talk to a solicitor about this point, as it's almost like the manager didn't want a face to face confrataion.

Mena

Did you sign an acceptable usage policy for internet use? Did it state that internet activities will be monitored?

Mezcita

As mentioned, the key thing here is what your contract says regarding internet usage.

Regardless, you should have at least have been given a verbal warning prior to them giving you the boot.

By all means go and see a solicitor. More than likely they will recommend that you file a case with the Employment Rights Commissioner.

http://www.lrc.ie/docs/Welcome/4.htm

This would eventually end up with you and your former boss explaining the case in court. It’s specifically designed so that you don't need to have legal representation and it’s all fairly informal. On the basis of which you could be compensated for loss of earnings.

LegacyUser

'

Bored-Stupid wrote:

However on my way home, as I was doing 120kph on the motorway

Did you answer the phone while doing 120 kph....'

SarahMc

If you were working there for less than 12 months, you have no rights. You cannot claim for unfair dismissal.


From citizensinformation.ie

Normally you must have at least 12 months' continuous service with your employer in order to bring a claim for unfair dismissal. However there are important exceptions to this general rule. If you have less than 12 months' continuous service you may bring a claim for unfair dismissal if you are dismissed for:

Trade union membership or activity
Pregnancy, giving birth or breastfeeding or any matters connected with pregnancy or birth
Availing of rights granted by the Maternity Protection Acts 1994 and 2004, the Adoptive Leave Acts 1995 and 2005, the National Minimum Wage Act 2000, the Parental Leave Act 1998 and the Carer's Leave Act 2001