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Unfair dismissal

  • 15-03-2011 7:05am
    #1
    Closed Accounts Posts: 8


    Hi people, I am new to this and this is my first post, so I'm not sure if I'm in the correct place. A very brief question I would like to ask is- can I get dismissed from my job based on the "balanace of probability" that I was intimidating a fellow colleague? There are witnesses that say I did these things which I am acussed of, but these people are lying. There are also witnesses saying that I didn't do the things I'm accused of. I know it's not much to go on but I would like a general view please.


Comments

  • Registered Users, Registered Users 2 Posts: 8,062 ✭✭✭Uriel.


    Firstly, this better off posted in the work and jobs forum.

    Hmmm it depends on what you are being accused of really. It may also depend on how management decide to handle any investigation into the matter


  • Registered Users, Registered Users 2 Posts: 33,763 ✭✭✭✭Princess Consuela Bananahammock


    Request three way hearing between you, collegaue and supervisor. If lies are being told, you need to find out why. Also, is it possible that you came off as being intimidating when you didn't intend to? In which case, just apologise and chill out. Everyone wins.

    Hang about, this is AH... ****in hell

    yore ma

    and out before the lock

    /thread.

    Everything I don't like is either woke or fascist - possibly both - pick one.



  • Registered Users, Registered Users 2 Posts: 543 ✭✭✭Godsentme


    2 questions; Have you already been sacked and secondly were you ,honestly, intimidating someone or , honestly now, not?


  • Registered Users, Registered Users 2 Posts: 716 ✭✭✭Luxie


    Hi people, I am new to this and this is my first post, so I'm not sure if I'm in the correct place. A very brief question I would like to ask is- can I get dismissed from my job based on the "balanace of probability" that I was intimidating a fellow colleague? There are witnesses that say I did these things which I am acussed of, but these people are lying. There are also witnesses saying that I didn't do the things I'm accused of. I know it's not much to go on but I would like a general view please.

    This is a delicate situation, are HR involved?


  • Registered Users, Registered Users 2 Posts: 12,815 ✭✭✭✭galwayrush


    Not the best forum for serious answers, but you will be entitled to a fair hearing whatever happens.


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  • Closed Accounts Posts: 8 mondaysonly


    HR are involved and have been found guilty, but only on the statements from her friends and on the balance of probabilities. I supose I'm really asking is there any need for them to prove my guilt? After all, there are witnesses that have stated that my interactions with this person are normal interactions.


  • Closed Accounts Posts: 8 mondaysonly


    Godsentme wrote: »
    2 questions; Have you already been sacked and secondly were you ,honestly, intimidating someone or , honestly now, not?

    Not sacked yet, but i'm 99.9%sure it's coming. I swear that I didn't do a thing. Problem is I made many enemys because reported this person for a serious issue some time ago. These same people that have backed her story are the same people who have ostracised me for reporting her.


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


    If you have a union, get them in asap. If not the best you can do is casually mention you will be getting your solicitor to look over it.

    This doesn't mean that what your employers have done is wrong but it makes you employer realise they shouldn't act if their notes / processes won't stand up to scrutiny.

    Make sure you have a witness with you in every meeting you attend.


  • Closed Accounts Posts: 105 ✭✭chappy


    OP how long are you working there?


  • Closed Accounts Posts: 8 mondaysonly


    Their processes are fine on paper. However without sounding cocky or over confident I am 100% sure that in an employment appeals tribunial I can prove that the investigation was a farce on so many grounds. The problem I have, is at that stage I will be fired. I'm not looking for compentsation but just to keep my job. What's the chances of them being forced to re-instate me? Very little chance I'm guessing? Does anyone know the answer to this?


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  • Closed Accounts Posts: 8 mondaysonly


    chappy wrote: »
    OP how long are you working there?
    I've been there for five years now. Does the lent of time have a relevance?


  • Closed Accounts Posts: 8 mondaysonly


    wmpdd3 wrote: »
    If you have a union, get them in asap. If not the best you can do is casually mention you will be getting your solicitor to look over it.

    This doesn't mean that what your employers have done is wrong but it makes you employer realise they shouldn't act if their notes / processes won't stand up to scrutiny.

    Make sure you have a witness with you in every meeting you attend.

    Their processes are fine on paper. However without sounding cocky or over confident I am 100% sure that in an employment appeals tribunial I can prove that the investigation was a farce on so many grounds. The problem I have, is at that stage I will be fired. I'm not looking for compentsation but just to keep my job. What's the chances of them being forced to re-instate me? Very little chance I'm guessing? Does anyone know the answer to this?


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