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Refused a day off to attend family wedding. **Mod warning post 1**

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  • Closed Accounts Posts: 843 ✭✭✭QuinDixie


    _Brian wrote: »
    You just can't refuse a written warning and then it goes away.
    I've had employees say I'm refusing this. But then it's just countersigned by another manager in the presence of the worker and put on the file anyway. Otherwise no one would ever get a warning.

    The lack of knowledge of a standard discipline process among many workers is amazing

    In the op scenario.
    If the op pulls a sickie for the wedding, she only needs a doctor cert if she is out for more than 3 days. She wont be.
    If offered a written warning, she refuses it, it does not count towards the disciplinary process if she refuses it.
    How could it, would not stand up in court or at a tribunal.


  • Registered Users Posts: 208 ✭✭ladyella


    Not that it helps your situation but my husband got a warning fo taking a day off when I went into labour and had our son and he had to fight for his weeks honeymoon time, he got this but also had to attend a meeting over it.
    Some employers are just dicks. They're aware they've no obligation to grant leave days and have no problem in doing so. We're all just numbers at the end of the day


  • Registered Users Posts: 8,192 ✭✭✭bottlebrush


    Would taking a half day be an option, depending on the location, time of wedding obviously?


  • Registered Users Posts: 318 ✭✭zzfh


    Or just totally mind ###k your manager and be all like" thanks again for the time off, my family are delighted I can make it... And it's all cause of you"
    And just convince the manager that she ok'd it with you!!!!!


    you could try giving her a kick up the arse to go along with this..


  • Registered Users Posts: 18,515 ✭✭✭✭_Brian


    QuinDixie wrote: »
    The op is looking for options - give her some.

    In fairness if you read. My earlier posts I did just that.


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  • Registered Users Posts: 18,515 ✭✭✭✭_Brian


    QuinDixie wrote: »
    In the op scenario.
    If the op pulls a sickie for the wedding, she only needs a doctor cert if she is out for more than 3 days. She wont be.
    If offered a written warning, she refuses it, it does not count towards the disciplinary process if she refuses it.
    How could it, would not stand up in court or at a tribunal.

    This is so far from reality it's not funny.
    When an employee refuses to accept a warning it still goes on their file. They can appeal the warning but unless an appeal is successful them it remains in place. And most likely the employee will be placed on a PIP which will need to be followed too.

    You can't just walk away from a warning because you don't think it's warranted.


  • Registered Users Posts: 1,271 ✭✭✭webpal


    If you ring in sick you also may face the wrath of your colleagues who have to do your work. Your manager might give you a b0llicking but you will lose respect with your peers, this, in my opinion is worse.

    What you need to do is sort this out yourself and go to your manager with the solution. Talk to your colleagues, let them know your situation, see if someone can cover. can you work time up? (I assume not) Could you come in early and leave early? If you can sort this out yourself not only will you have achieved a great sense of pride but you will have shown your initiative and problem solving skills. I do a lot of competency based interviews and this is a perfect example of what I would look for as an example.

    Other posters are right, you are legally entitled to your holidays but as and when you can take them is at your managers discretion. They don't even have to give any further thought, as far as they're concerned you're working, end of. Talk to as many colleagues as you can, people will offer and you should have adequate time still to train them in if required. Tell them you'll have your phone on you for emergencies if need be, chances are they won't even ring you. Keep us posted.


  • Registered Users Posts: 19,856 ✭✭✭✭Cyrus


    QuinDixie wrote: »
    In the op scenario.
    If the op pulls a sickie for the wedding, she only needs a doctor cert if she is out for more than 3 days. She wont be.
    If offered a written warning, she refuses it, it does not count towards the disciplinary process if she refuses it.
    How could it, would not stand up in court or at a tribunal.

    This is nonsense and awful advice


  • Closed Accounts Posts: 843 ✭✭✭QuinDixie


    _Brian wrote: »
    In fairness if you read. My earlier posts I did just that.

    She should ask other workers who have booked a holiday to switch.
    Pass the buck form of manager.
    :pac:


  • Registered Users Posts: 1,271 ✭✭✭webpal


    _Brian wrote: »
    This is so far from reality it's not funny.
    When an employee refuses to accept a warning it still goes on their file. They can appeal the warning but unless an appeal is successful them it remains in place. And most likely the employee will be placed on a PIP which will need to be followed too.

    You can't just walk away from a warning because you don't think it's warranted.
    Agree with Brian on this. You also may have a clause in your contract which means you won't get bonuses, pay rises etc if you're on a warning.


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  • Closed Accounts Posts: 843 ✭✭✭QuinDixie


    _Brian wrote: »
    This is so far from reality it's not funny.
    When an employee refuses to accept a warning it still goes on their file. They can appeal the warning but unless an appeal is successful them it remains in place. And most likely the employee will be placed on a PIP which will need to be followed too.

    You can't just walk away from a warning because you don't think it's warranted.

    Read this slowly,
    Yes you can, employees in Ireland have great protection.
    or employers could use unfair warnings to remove any staff they like.


  • Closed Accounts Posts: 843 ✭✭✭QuinDixie


    Cyrus wrote: »
    This is nonsense and awful advice

    what is it to you, I am only telling her the truth.


  • Closed Accounts Posts: 3,311 ✭✭✭BreadnBuddha


    Life's too short to be worrying about this kind of bobwhite.

    If you do a good job and the only thing stopping you doing something that's genuinely important to you is an inflexible manager or policy, to hell with it.

    If that's your situation, don't bring it up again. Go sick and do so for a few days, maybe even for the whole week. Speak with the GP, tell them you're under a lot of pressure in work and that you've tried to take annual leave to attend to come personal matters but your request has been denied by an unsupportive and process driven manager. If your GP knows where you work, they'll know what you're dealing with.

    You're under no obligation to disclose why you were out of work as long as you have a doctors cert stating a return date and your employer has no right to ask what you did or didn't do.

    Many will say this is terrible advice. It's not. If you're a good employee and they don't value you enough to have at least tried to get you the day off, feck them.


  • Registered Users Posts: 1,883 ✭✭✭kala85


    _Brian wrote: »
    Of Course they can.

    Taking a sick day after being refused annual leave is grounds for a written warning. I've given same for this exact reason.

    How is this. Where are you getting this information from.


  • Closed Accounts Posts: 3,311 ✭✭✭BreadnBuddha


    QuinDixie wrote: »
    Read this slowly,
    Yes you can, employees in Ireland have great protection.
    or employers could use unfair warnings to remove any staff they like.

    On the money.


  • Closed Accounts Posts: 843 ✭✭✭QuinDixie


    webpal wrote: »
    Agree with Brian on this. You also may have a clause in your contract which means you won't get bonuses, pay rises etc if you're on a warning.

    But the warning must be justified. Do you understand.
    If she pulled a sickie, how does the employer legally give her a warning.
    There is no proof.


  • Registered Users Posts: 32 Whatsdastory


    eh simple solution

    ring in sick

    no more posts please


  • Closed Accounts Posts: 719 ✭✭✭Tobyglen


    Your manager is being ridiculous. 4 months for a day off is more than adequate especially when you mention that there is cover and it's a family wedding.

    Sometimes you get bad apples, if you have a skilled job then start looking, you shouldn't take this nonsense because it will in all likelihood get worse. There's more important things in life than dealing with assholes.


  • Registered Users Posts: 1,271 ✭✭✭webpal



    You're under no obligation to disclose why you were out of work as long as you have a doctors cert stating a return date and your employer has no right to ask what you did or didn't do

    Not entirely, sick leave is benefit rather than a right. The terms of it may and in a lot of cases do require you to disclose what was wrong.


  • Registered Users Posts: 1,271 ✭✭✭webpal


    QuinDixie wrote: »
    But the warning must be justified. Do you understand.
    If she pulled a sickie, how does the employer legally give her a warning.
    There is no proof.
    Because she's not legally entitled to sick leave. If we were we'd all be out sick every day!


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  • Registered Users Posts: 19,856 ✭✭✭✭Cyrus


    QuinDixie wrote: »
    But the warning must be justified. Do you understand.
    If she pulled a sickie, how does the employer legally give her a warning.
    There is no proof.

    You seem to be assuming that this will end up at some hearing somewhere , if someone gets a warning they get a warning and whatever sanctions go with it .

    They can say they refuse it if they want, but I'd imagine it won't be long before they find themselves out of a job.


  • Moderators, Education Moderators, Regional South East Moderators Posts: 12,483 Mod ✭✭✭✭byhookorbycrook


    Tobyglen wrote: »
    Your manager is being ridiculous. 4 months for a day off is more than adequate especially when you mention that there is cover and it's a family wedding.
    As a public sector worker, we are NOT entitled for leave for a cousin's wedding, so why should a private sector be any different?


  • Closed Accounts Posts: 843 ✭✭✭QuinDixie


    webpal wrote: »
    Because she's not legally entitled to sick leave. If we were we'd all be out sick every day!

    she does not care about sick leave.
    She pulls a sickie and than says she will take it as a holiday or unpaid.
    she goes to wedding, has a great time and there is **** all her employers can do about it.


  • Closed Accounts Posts: 3,311 ✭✭✭BreadnBuddha


    webpal wrote: »
    Not entirely, sick leave is benefit rather than a right. The terms of it may and in a lot of cases do require you to disclose what was wrong.

    Absolutely incorrect.

    All the employer is entitled to is a medical cert stating that the employee is fit to resume their work.

    Long term illness benefits may require consultation with a company appointed doctor, but not the case for short term sick leave.

    Entitlement to company pay during absent days is another matter entirely and depends on duration of outage and company policy.


  • Closed Accounts Posts: 843 ✭✭✭QuinDixie


    Cyrus wrote: »
    You seem to be assuming that this will end up at some hearing somewhere , if someone gets a warning they get a warning and whatever sanctions go with it .

    They can say they refuse it if they want, but I'd imagine it won't be long before they find themselves out of a job.

    It will end up at a hearing if an employer lets go an employee without valid reasons and after following proper guidelines.
    It is called unfair, constructive or wrongful dismissal.
    It is the law.


  • Registered Users Posts: 1,271 ✭✭✭webpal


    Absolutely incorrect.

    All the employer is entitled to is a medical cert stating that the employee is fit to resume their work.

    Long term illness benefits may require consultation with a company appointed doctor, but not the case for short term sick leave.

    Entitlement to company pay during absent days is another matter entirely and depends on duration of outage and company policy.
    nope, I signed a contract, which has numerous sick leave clauses and this is one. So like I said it depends, it's not incorrect, it's advice.


  • Closed Accounts Posts: 843 ✭✭✭QuinDixie


    As a public sector worker, we are NOT entitled for leave for a cousin's wedding, so why should a private sector be any different?

    What part of the public sector


  • Closed Accounts Posts: 3,311 ✭✭✭BreadnBuddha


    As a public sector worker, we are NOT entitled for leave for a cousin's wedding, so why should a private sector be any different?

    There's a whole other can of worms. I worked for years in the public sector. I enjoyed flexi-time, higher pay, job security, regular office hours, guaranteed time off on public holidays, incremental payrises and a host of other benefits.

    In the private sector, none of those things were afforded to people doing the same basic job. Lower level private sector employees have had it rough for a hell of a lot longer and in the majority of roles, without the 'benefit' of unionised and organised representation.

    You can take that chip off your shoulder and give it to any one of the tens of thousands of hardworking private sector employees who have to do battle with managers trained in the Americanised corporate sector. Managers who can't or often simply won't extend themselves enough to accommodate an employee they see as little more than a 'worker', as _Brian so disrespectfully labels them. Employees, team members, colleagues and coworkers. All better terms to convey even a basic level of respect, but apparently not suitable for this discussion.


  • Moderators, Education Moderators, Regional South East Moderators Posts: 12,483 Mod ✭✭✭✭byhookorbycrook


    QuinDixie wrote: »
    What part of the public sector
    Teaching.


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  • Moderators, Education Moderators, Regional South East Moderators Posts: 12,483 Mod ✭✭✭✭byhookorbycrook


    There's a whole other can of worms. I worked for years in the public sector. I enjoyed flexi-time, higher pay, job security,
    Not a primary teacher then.


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