Unfair dismissal?

myfriendtom

Hi guys,
So a friend of mine (Tom) works for an outbound call center.
Tom has just been dismissed, without a warning, for a reason I shall outline below.
This company uses an old computer program. On the keyboard, there is a button that puts the next call through as a refusal, deleting that contact from the database.
Now, no one knew what this key did. Most thought it just put the contact back to the end of the list, and some used it as a cheeky way of boosting their productivity. Not strictly allowed, I know, but most thought it was pretty harmless. Management weren't even aware the key existed.
Anyway, to cut a long story short, management noticed a trend in refusals, and Tom got caught doing this, and was fired. He was never told NOT to press that key, and he argued that it was an honest mistake, and that he thought it just recycled the contact.
They wouldn't listen, and gave him the boot.
What I want to know, is this fair grounds for dismissal?
Thanks all.

drunkmonkey

Once or twice would be an honest mistake. It does not sound like a once off instance.
Tom should have asked what the button did. if he did not know what it did he should not have been pressing it. Tom must have know the button meant he did not have to take the call.

There's a string of things Tom could have been dismissed for, I don't see any grounds for unfair dismissal.

ResearchWill

drunkmonkey wrote: »

Once or twice would be an honest mistake. It does not sound like a once off instance.
Tom should have asked what the button did. if he did not know what it did he should not have been pressing it. Tom must have know the button meant he did not have to take the call.

There's a string of things Tom could have been dismissed for, I don't see any grounds for unfair dismissal.

While the company may or may not have been correct to fire Tom, there is a question did they follow procedures, therefore is the dismissal unfair. Based on the OP I can't answer that, only after a full consultation with Tom could his lawyer give such advice.

myfriendtom

Tom has only been working there less than a year. He was fired on the spot though, with no previous warnings, and the company has fired half a dozen people for various incidents in the last 2 weeks. The employees suspect that they just want to reduce staff numbers.

michael.dublin

Question is, what does the other people in the team do, if they do the same, whay are they not dismissed ??? i think Tom might have done something more, to get fired, anything else he might have done ??? (or not done)

myfriendtom

michael.dublin wrote: »

Question is, what does the other people in the team do, if they do the same, whay are they not dismissed ??? i think Tom might have done something more, to get fired, anything else he might have done ??? (or not done)

The computer history is being back tracked and people found to have been doing it are getting axed. There have also been several dismissals for other incidents in the last fortnight. Some of Toms employees did have a previous warning for separate incidents, but others did not.

kippy

What does it say in his contract about disciplinary procedures and has Tom or any of the team ever received formal training in this piece of software?

hyperborean

If he was working there for less than a year it doesnt really matter, he has no comeback,

They dont even have to give a reason for the dismissal

kippy

hyperborean wrote: »

If he was working there for less than a year it doesnt really matter, he has no comeback,

They dont even have to give a reason for the dismissal

I don't believe that to be 100% correct.
http://www.citizensinformation.ie/en/employment/unemployment_and_redundancy/dismissal/fair_grounds_for_dismissal.html

I'd add,
I believe the OP's friend should discuss this with a solicitor who would be far more versed in the ends and out of such legislation/procedures.

hyperborean

:cool:

kippy wrote: »

I don't believe that to be 100% correct.
http://www.citizensinformation.ie/en/employment/unemployment_and_redundancy/dismissal/fair_grounds_for_dismissal.html

I'd add,
I believe the OP's friend should discuss this with a solicitor who would be far more versed in the ends and out of such legislation/procedures.

Well my opinion is based on information you linked to?

Exclusions.
2.—(1) This Act shall not apply in relation to any of the following persons:
(a) an employee (other than a person referred to in section 4 of this Act) who is dismissed, who, at the date of his dismissal, had less than one year's continuous service with the employer who dismissed him and whose dismissal does not result wholly or mainly from the matters referred to in section 6 (2) (f) of this Act,

http://www.irishstatutebook.ie/1977/en/act/pub/0010/sec0002.html#sec2

Manach

So would wrongful dismissal (if relevant) be the option to try as the time-limit of a year does not apply.

psalbmb

myfriendtom wrote: »

Tom has only been working there less than a year. He was fired on the spot though, with no previous warnings, and the company has fired half a dozen people for various incidents in the last 2 weeks. The employees suspect that they just want to reduce staff numbers.

under the Unfair Dismissal Act 1977, to take a claim for unfair dismissal requires at least 1 YEARS SERVICE. so "tom" does not have a claim

myfriendtom

Thanks for the help everyone, I was just curious as to what the legality of the situation was!

SB2013

He was doing something he shouldn't have because he thought he was doing something else he shouldn't have been doing. If this is part of a mass cull is he in a union that might intervene?