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gross misconduct?

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  • Moderators, Category Moderators, Arts Moderators, Business & Finance Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 18,272 CMod ✭✭✭✭Nody


    Interesting that they even dare to list what is gross misconduct (we where advised to remove it in my old company as it could be construed as judging someone before the hearing).

    Anyway to OP if they would have fired you on this alone they would have had a very hard time to show that it was gross misconduct and not simply misconduct. I still think that it might be worth challenging them to show that it is gross misconduct and not simply misconduct but you may not want to rock the boat at this time.


  • Closed Accounts Posts: 991 ✭✭✭Big_Mac


    Hi Again.

    Ok we got our verdict yesterday. Gross misconduct and a Final Written Warning. At least we weren't dismissed.
    One thing i have learned is that if an employer wants to get rid of you he can. Its easy. all he has to do is call your offence gross misconduct and you're screwed.
    In our employee handbook, it gives a list of acts of gross misconduct. the usuall stuff like theft, violence and drug/alcohol abuse. Then the doozie..... "this list is by no means exhaustive". They have you right there. Picking yer nose, I'm sure, may one day fall into this category. :)
    I urge anyone reading this to be very careful in work. The dices are loaded against you and jobs are thin on the ground. Keep the head down and don't give them any excuses. Thanks to all here that offered advice and help. It was much appreciiated.

    D.
    Nody wrote: »
    Interesting that they even dare to list what is gross misconduct (we where advised to remove it in my old company as it could be construed as judging someone before the hearing).

    Anyway to OP if they would have fired you on this alone they would have had a very hard time to show that it was gross misconduct and not simply misconduct. I still think that it might be worth challenging them to show that it is gross misconduct and not simply misconduct but you may not want to rock the boat at this time.

    I have to agree with Nody. I don't see how this can possibly be gross misconduct, and this will be on your employment record with them

    Have you been given the right to appeal? If you have, I would seriously consider appealing this, on the grounds that what you did was in no way gross misconduct, only misconduct. There are distinct differences between the two. Perhaps your employer should educate themselves as to this fact.
    Perhaps speak with someone in HR in confidence about it, or speak with the Citizens info center?


  • Registered Users Posts: 5,514 ✭✭✭Sleipnir


    Big_Mac wrote: »
    Perhaps speak with someone in HR in confidence about it

    Yah right! :D
    HR are there to protect the company, not the employee!


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