written warning

ciarangt

hi i work as a manager in the biggest grocery chain in ireland and we got told by the store manager on friday that all mangers have to work sunday (today) at 8am till wat ever time needed on our day off and that if we had plans we had to cancel them. I qoute he said its to the needs of bussiness.

i told them that i could not work as i had to mind my 10 month old child that is in a body cast as my partner was going off.

The senior managers said that i had to be in that they didnt care about my plans. I told them i could not get child minder as is hard to find and leave the child with someone other than myself, partner and her mother due to my childs condition.

We were told that if we all dont turn in we would be issued wit a written warning even that it is our day off. They exspected me to even bring my child into work wit me.

I contacted the senior managers by txt this evening telling them i wont be in as i cant get anyone to mind the child and that i would not be bringing her in due to her not being well but got no reply.

Do you think i am in right not working and putting my family first i dont get paid for working any extra hours or dont get time owed i am contracted only to do 45 hours 5 over seven days. But they use the excuse of that business needs and expect us to be doing extra hours nearly every day.

Can they issue me with a written warning for not working on my day off?

qwertz

Make sure you document everything and keep that documentation either on you or at home.

Do you have anything in writing from your boss? If you do then forward it to a personal account and print out a copy.

If they issue a warning then consider getting legal advise. If you are in a union then give your rep a call. Maybe do that anyway in case your situation turns nasty.

Check the NERA website and read up on your rights. Carers leave or force majeure leave might be relevant to you.

http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/leave_and_holidays/types_of_leave_from_work.html

ciarangt

Should i if i get called in for meeting on tuesday ask can i record conversation on phone for a record of what is said.

If i am issued with a warning i will refuse to sign it and refuse to take it.

I was told by one of my workmates that the store manager dosnt care about anyones rights and if u dont do anything he wants u to do he moves you to a different store.

Corruptedmorals

Generally it is head office who decides what managers move where. I worked in a Dunnes for 3 years and store managers had no influence over it- and the manager turnover was ridiculous. Are you a member of Mandate? You could get them or a shop steward to sit in on any meetings with you. Also I'd take an indepth read of you handbook/contract. I doubt they'd pursue you to the warning stage if you got the union on them and had a doctor/hospital report on your child's condition.

gerrycollins

ciarangt wrote: »

Should i if i get called in for meeting on tuesday ask can i record conversation on phone for a record of what is said.

If i am issued with a warning i will refuse to sign it and refuse to take it.

I was told by one of my workmates that the store manager dosnt care about anyones rights and if u dont do anything he wants u to do he moves you to a different store.

you have every chance to seek a review/appeal where you might be able to call in head office as the manager in question cannot instigate an investigation into his/her own actions. You can insist on this even if you are not in a union its a basic right.

your question to record the conversation must be agreeded in writing with the other party however that is what eye witnesses are for.

they must be a bad manager to notify staff of a need to the business at such short notice. Somehow I guess they got a bolloking form head office and the return inspection is happening on monday.

Sardonicat

Force majuere? Tho', I think that only apples to paid leave.

punchdrunk

whatever you do don't go into the meeting alone,bring a witness and ask for a copy of the minutes straight away (if they are taken by somebody)

ciarangt

If they do have investagation meeting and does leed to warning can i tell them i will be taking legal action

I am going to get nera to investigate into my time i have worked without pay as i am owed at least over 3 weeks pay of working over last two years in the company.

I have only worked in this shop since middle of august as i was based in a different store

StupidLikeAFox

This may help

http://www.equality.ie/index.asp?docID=237

wmpdd3

It's not right but in reality, this is what is more lightly to happen:

The manager will tell the Personal manager to make sure this goes on your next review.
At the next weekly meeting, there will be a fine long rant about how the team has to pull together to meet targets.

You probably wont get a formal meeting and a warning, but you will be cornered in the stockroom / office by the manager and read the right act and no more will be said about it but they won't forget. Be ready for this and think what you would say. Will you fight your corner or just let it lie. At the end of this,he could still say you re getting the warning.

Has anyone who was there last year told you about the hours over Christmas. It could be 8 till ? for the 4 Sundays in December and 1/2 day in your section on your day off. Be prepared.

As you are a manager you are prob not in a union so the legal route would be your only way. You could ring NERA but things like that are taken as standard in retail management so I can't see them doing much.

Do you mind me asking, where did you work before, shop floor / different store/ same position?

ciarangt

last year they worked 12 hour shifts and 16 hour shifts before christmas. i worked in another store as a manager for 3 years in same company.

i have recieved my forms today in post for mandate union to join so filled out and sending off in morning.

the store manager was not there today but i was to finish at 5pm and i went to do handover to manger on duty for the evening and i was told by another senior manager noone was leaving till he said so but i told him i was going as my child was in hospital last two days and i was going up to see her and i he said i couldnt go but i told him try stop me.

just before i left another jr manager said that store manager was on his way in and he wanted to talk to me and i was to wait till he came, so i told him to tell store manager if he wants to talk to me he can see me when i back in thursday.

the company is breaking the law and dont care i just so pissed off that noone is doing anything about it all other managers just give out and bitch about it but they dont come together as a team and stand up them.

I am a bit worried that i could lose my job do u think i should go ahead taking legal action if meeting does not go well
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wmpdd3

i have seen it all before, but it comes from the top down. If all the managers stood together, the store manager would be shown the door.

wmpdd3

if you go the legal route, it will cost you. ever wondered why some stores were full of managers that 'stepped down'

skyline1515

the store manager was not there today but i was to finish at 5pm and i went to do handover to manger on duty for the evening and i was told by another senior manager noone was leaving till he said so but i told him i was going as my child was in hospital last two days and i was going up to see her and i he said i couldnt go but i told him try stop me.

Legally they have to give you notice when they are going to change your rota, they can not hold it over you that you finished when you were to finish.. check it on nera or employment rights..

murphym7

They would not have a leg to stand on if a Written warning was used for not coming in last Sunday or for not staying after your shift yesterday to meet the store manager. Written warnings are to be reserved for serious breaches of company policy, or continuos breaches in a gradual way.

gandalf

I assume as this is a large company that there is a separate HR department. As well as taking advice from a legal person outside the company I would also consult with your HR department in Head Office and see what their position is on this. From what I am reading this Store Manager seems to be taking this action off their own bat and it could be totally contrary to company policy. He is certainly from my reading exposing the organisation to potential legal action from you and others.

I would not mention legal action to any one in work though unless it becomes absolutely necessary.

wmpdd3

gandalf wrote: »

I assume as this is a large company that there is a separate HR department. As well as taking advice from a legal person outside the company I would also consult with your HR department in Head Office and see what their position is on this. From what I am reading this Store Manager seems to be taking this action off their own bat and it could be totally contrary to company policy. He is certainly from my reading exposing the organisation to potential legal action from you and others.

I would not mention legal action to any one in work though unless it becomes absolutely necessary.

Unfortunately what the store manager is doing, is the unofficial company policy. According to him and HR it is in the contract for managers: 'You may be required to work extra hours according to business needs'.The senior managers the OP mentioned are HR for the store and represent HR for the company.