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Unfair Dismissal???

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  • 23-05-2011 9:22pm
    #1
    Closed Accounts Posts: 5


    A friend of mine was dismissed from her job as a bar maid in a nightclub for selling take-away to her manager and supervisor. They were not dismissed, only cautioned. However my friend was dismissed on a Friday and then called to a meeting with the general manager on Monday and told they were being let go because of this. They also stated that if she wanted a reference she had to sign a letter of resignation. She did this, but now wants to retract this (all happened today) as she felt under pressure to sign as she was afraid she wouldnt get a reference or another job if she didnt. There was no warning given and no official disiciplinary procedure followed. She was working there for two years. She was aware that selling take-away drink was against policy, but was unaware that it was grounds for dismissal, especially when permission was given by her direct manager and supervisor who were buying the drink. Any advice????


Comments

  • Banned (with Prison Access) Posts: 370 ✭✭bath handle


    Go see a solicitor, pronto.


  • Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    Unfortunately she has committed a crime and left her employer liable to prosecution and a loss of their licence. It's odd that the others got off lightly but that's the employers choice. If they're giving her a reference I'd take it and be happy.


  • Registered Users Posts: 9,554 ✭✭✭Pat Mustard


    Seanbeag1 wrote: »
    Unfortunately she has committed a crime and left her employer liable to prosecution and a loss of their licence. It's odd that the others got off lightly but that's the employers choice. If they're giving her a reference I'd take it and be happy.

    I don't think that she has committed a crime. What crime do you say that she committed?

    If procedures weren't followed then she should go and see a solicitor about an action for unfair dismissal.


  • Closed Accounts Posts: 5 Plastic5


    She was working there for 2 years


  • Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    I don't think that she has committed a crime. What crime do you say that she committed?

    If procedures weren't followed then she should go and see a solicitor about an action for unfair dismissal.

    I assumed she sold out of hours.


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  • Closed Accounts Posts: 5 Plastic5


    Yes .... but the cash went into the till. She was aware that it was against policy but assumed that since her manager and supervisor said it was ok that it would be fine. Was she entitled to some form of disciplinary process?


  • Registered Users Posts: 2,158 ✭✭✭Tayla


    OP the fact that your friend sold the alcohol to her manager and supervisor and not some other person makes me think that she would have an excellent chance of winning this case.

    It was her superior in work who asked for it so of course she thought it would be ok, most other people would have done the same.


  • Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    NO LEGAL ADVICE


This discussion has been closed.
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