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Written warnings ???

  • 11-06-2010 11:49pm
    #1
    edellc
    Closed Accounts Posts: 1,787 ✭✭✭


    Just a quick question regarding written warnings

    a friend of mine works for a big organisation she was recently out sick only for a couple of days and did get a letter from the doctor so it was a certified sick day

    her managers manager wanted to issue her with a written warning for this and she was very upset about it but thanks to her manager it didnt happen

    what i want to know is "is this legal"??


Comments

  • #2
    Nody
    Moderators, Category Moderators, Arts Moderators, Business & Finance Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 18,375 CMod ✭✭✭✭Nody


    Sorry but doctor certification is not worth the paper they are written on; and it would also depend on what she was suppose to get the warning for. If for example the company has as policy that you need to notify your manager 30 min before coming in that you will not be there and she only called on the second day this could be used for a warning.


  • #3
    edellc
    Closed Accounts Posts: 1,787 ✭✭✭edellc


    Thanks for the reply Nody,
    however she did ring in as soon as she knew someone would be in the office (about 8.45am) on the first day and then went to doctor who signed her off that day and the next...she was getting the warning for having a sick day have checked with her and so far this year she has been off sick about 4 times most in jan due to the harsh winter she damaged her tail bone when she fell over the company have said she has taken too many sick days so far and that is why they wanted to give her the written warning she thinks this may be due to her illness last year she got severely ill again beginning of last year around march and ended up being off for 3 weeks doctors didnt know what was wrong with her and she ended up in hospital since then she has been told overlooked for promotion and has not been given a payrise (i know a pay rise in the economic climate) but her co workers have been she also is on a lower wage than the others 3 people that work in her department who she has trained in (they are men which shouldnt make a difference equal pay for equal work and all that also its an IT department)
    she now feels that her managers manager doesnt like her and is trying to find any way possible to sack her she has also asked for a payrise like her co workers but has been told that due to her illness days that wont be happening
    it all sounds to me like they are clutching at straws as i met her through employment and she is hard working and honest
    but is all this legal to do ie give written warnings for sick days and taking your sick days from last year and the year before into account for this financial year


  • #4
    qwytre
    Closed Accounts Posts: 409 ✭✭qwytre


    From my understanding it is fully legitimate to give warnings for "too many" sick days. This comes down to the persons "capability" to do their job. If someone is taking a lot of sick days then they are obviously not fully delivering to the needs of the company. If the trend is that they are taking a lot of sick leave then taking into account last year and the year before is something that is normal to do.

    Clearly this person must have a history of sick leave. A written warning is not inappropriate in cases like this.


  • #5
    edellc
    Closed Accounts Posts: 1,787 ✭✭✭edellc


    qwytre wrote: »
    From my understanding it is fully legitimate to give warnings for "too many" sick days. This comes down to the persons "capability" to do their job. If someone is taking a lot of sick days then they are obviously not fully delivering to the needs of the company. If the trend is that they are taking a lot of sick leave then taking into account last year and the year before is something that is normal to do.

    Clearly this person must have a history of sick leave. A written warning is not inappropriate in cases like this.

    thanks for the reply will let her know but im glad her manager held off giving it to her :o


  • #6
    m5ex9oqjawdg2i
    Closed Accounts Posts: 11,221 ✭✭✭✭m5ex9oqjawdg2i


    Nody wrote: »
    Sorry but doctor certification is not worth the paper they are written on; and it would also depend on what she was suppose to get the warning for. If for example the company has as policy that you need to notify your manager 30 min before coming in that you will not be there and she only called on the second day this could be used for a warning.

    This is not sound advice.

    Doctors certs are very important and in many cases you will not be allowed back to work unless the sick cert is up.


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  • #7
    m5ex9oqjawdg2i
    Closed Accounts Posts: 11,221 ✭✭✭✭m5ex9oqjawdg2i


    Nody wrote: »
    Sorry but doctor certification is not worth the paper they are written on; and it would also depend on what she was suppose to get the warning for. If for example the company has as policy that you need to notify your manager 30 min before coming in that you will not be there and she only called on the second day this could be used for a warning.

    This is not sound advice.

    Doctors certs are very important and in many cases you will not be allowed back to work unless the sick cert is up.

    Is your friend sick a lot?


  • #8
    edellc
    Closed Accounts Posts: 1,787 ✭✭✭edellc


    Hi Iamxavier,

    No she isn't she had a serious illness last year and was off for 3 weeks ended up in hospital and then beginning of this year for 3 or 4 days due to damaging her tail bone and now she has reoccurring back issues so was off two days last week due to this and ended up in physiotherapy and in agony
    she had a sick cert for all illnesses but they keep making out she is just making this up to get time off but she isnt and its getting her down in a major way as even when she is really really sick she is going into work due to the fear of getting sacked for it


  • #9
    wmpdd3
    Registered Users, Registered Users 2 Posts: 9,625 ✭✭✭wmpdd3


    I think what Nody was getting at is, even if you absence is due to a certified illness the warning can still be given as the issue is you ability to attend you place of work and complete the tasks in your position.

    It is common place for all staff with unplanned absence over a certain amount (in our case 3% of contracted hours) to be subject to an investigation and possible warnings etc.


  • #10
    bbam
    Closed Accounts Posts: 7,410 ✭✭✭bbam


    The last company I worked in this was standard enough. I have issued similar paperwork for what were considered too many sick days..

    We had a process where a doctors note explained the absence but did not excuse it...each manager could interprit it to and on how to apply it..

    Just because a sickness is valid doesn't mean it has no impact on business..

    On the flip side I would have expected some sort of verbal communication before a written warning, but that was my approach...

    And yes people who prove to be poor attenders do get passed by for promotions, officially or unofficially. They would also get poorer or no pay rises based on their attendance..


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