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Was this verdict fair?

  • 17-04-2015 9:27pm
    #1
    LegacyUser
    Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭


    I recently called another employee a scab and I was nearly sacked but they gave me a 7 week suspension without pay . How do people think about this verdict is it fair or unfair , I've never been in trouble in my life at work.


Comments

  • #2
    whippet
    Registered Users, Registered Users 2 Posts: 7,718 ✭✭✭whippet


    Tottenham147 wrote: »
    I've never been in trouble in my life at work.

    now you have.

    I assume you were not having the 'banter' by calling your work colleague a scab and I would also assume that it was probably due to the fact that your colleague was trying to go about their days work.

    I would suggest that you are luck to only have to serve a suspension .. I know if I verbally abused anyone in my office I wouldn't have a job in the morning.


  • #3
    runawaybishop
    Registered Users, Registered Users 2 Posts: 9,512 ✭✭✭runawaybishop


    Tottenham147 wrote: »
    I recently called another employee a scab and I was nearly sacked but they gave me a 7 week suspension without pay . How do people think about this verdict is it fair or unfair , I've never been in trouble in my life at work.

    Sounds fair, you could easily have been dismissed.

    http://www.citizensinformation.ie/en/employment/unemployment_and_redundancy/dismissal/fair_grounds_for_dismissal.html

    Gross misconduct may give rise to instant (summary) dismissal without notice or pay in lieu of notice. Examples of gross misconduct include assault, drunkenness, stealing, bullying or serious breach of your employer's policies and practices.


  • #4
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    I'd be more worried about a potential defamation claim.

    Best to engage one's brian before the mouth in future, something I often struggle with also so I feel your pain.


  • #5
    MouseTail
    Registered Users, Registered Users 2 Posts: 1,663 ✭✭✭MouseTail


    MarkAnthony wrote: »
    I'd be more worried about a potential defamation claim.

    Why would there be a defamation claim (if indeed the coworker did pass a picket line)?


  • #6
    hopgog
    Closed Accounts Posts: 167 ✭✭hopgog


    Tottenham147 wrote: »
    I recently called another employee a scab and I was nearly sacked but they gave me a 7 week suspension without pay . How do people think about this verdict is it fair or unfair , I've never been in trouble in my life at work.

    Sounds very fair, I would have sacked you straight away, employers don't need trouble makers and bullies


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  • #7
    OldMrBrennan83
    Closed Accounts Posts: 26,658 ✭✭✭✭OldMrBrennan83


    This post has been deleted.


  • #8
    hopgog
    Closed Accounts Posts: 167 ✭✭hopgog


    Patww79 wrote: »
    This post has been deleted.

    Assault can be emotionalor physical


  • #9
    BrokenArrows
    Registered Users, Registered Users 2 Posts: 7,501 ✭✭✭BrokenArrows


    Hard to judge unless you tell us why did you call him a scab in the first place. What was the situation surrounding it?


  • #10
    OldNotWIse
    Closed Accounts Posts: 12,468 ✭✭✭✭OldNotWIse


    hopgog wrote: »
    Sounds very fair, I would have sacked you straight away, employers don't need trouble makers and bullies


    To be clear (and not to be taken as "siding" with OP or otherwise), it is only repeated behaviour that can constitute bullying. A "once off" does not count.


  • #11
    Mrs OBumble
    Registered Users, Registered Users 2 Posts: 26,295 ✭✭✭✭Mrs OBumble


    hopgog wrote: »
    Assault can be emotionalor physical

    Link, please.


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  • #12
    hopgog
    Closed Accounts Posts: 167 ✭✭hopgog


    Mrs OBumble wrote: »
    Link, please.

    goodtherapy.org/therapy-for-emotional-abuse.html


  • #13
    runawaybishop
    Registered Users, Registered Users 2 Posts: 9,512 ✭✭✭runawaybishop


    Mrs OBumble wrote: »
    Link, please.

    Assault isn't always physical, the belief it may get physical is enough.

    http://www.irishstatutebook.ie/1997/en/act/pub/0026/sec0002.html

    (b) causes another to believe on reasonable grounds that he or she is likely immediately to be subjected to any such force or impact,


  • #14
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    MouseTail wrote: »
    Why would there be a defamation claim (if indeed the coworker did pass a picket line)?

    Each case will turn very much on it's own facts. While it's doing that the plaintiff is probably on a no foal no fee basis and you're taking out a second mortgage.


  • #15
    Manach
    Moderators, Society & Culture Moderators Posts: 9,769 Mod ✭✭✭✭Manach


    Not as a comment to the OP but in general my understanding from employment is that (AFAIR) only one instance of behaviour that is deemed to be bullying is sufficient and that physical & emotion abuse are co-equivalent though I suspect the latter has a higher burden of proof. Saying that, I'd of course defer to the learned opinion such as MarkAnthony.


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