Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

Fired without disciplinary

  • 30-08-2018 10:54am
    #1
    Registered Users, Registered Users 2 Posts: 23


    Hi,

    so I've just been let go today, from a role I was in for 8 months. Not the most enjoyable job but achieved record growth and was pretty happy with how things were progressing.

    The reason cited was performance related but no overall performance, just one aspect of it. Basically how I communicated with CEO. IMO it was a clash of personalities.

    There was no disciplinary hearing or verbal, written warnings. I also seen my job advertised last week.

    Now, I don't want to take a case against them but I also don't want them to treat people this way in the future or the current staff who are awesome.

    Is there anything I can do here?


Comments

  • Closed Accounts Posts: 1,758 ✭✭✭Pelvis


    notmypants wrote: »
    Is there anything I can do here?

    No.


  • Registered Users, Registered Users 2 Posts: 3,511 ✭✭✭KaneToad


    Pelvis wrote: »
    No.

    Your short time with the company is not in your favour.


  • Registered Users, Registered Users 2 Posts: 25,753 ✭✭✭✭Timberrrrrrrr


    If you were still on probation then unfortunately no.


  • Registered Users, Registered Users 2 Posts: 23 notmypants


    KaneToad wrote: »
    Your short time with the company is not in your favour.

    Yeah I expected as much.


  • Registered Users, Registered Users 2 Posts: 23 notmypants


    If you were still on probation then unfortunately no.

    No I was 2 months out of probation and actually got a pay rise 2 weeks ago.


  • Advertisement
  • Registered Users, Registered Users 2 Posts: 6,185 ✭✭✭screamer


    No under 10 months absolutely nothing


  • Registered Users, Registered Users 2 Posts: 18,718 ✭✭✭✭_Brian


    I would always have said under 12 months and you have no protection.

    However there was a case recently of a shop worker fired because she wasn’t pushy enough with customers, no warnings or anything.

    She took a case and was awarded maybe €11k.

    I thought it was a bizarre decision and muddys the water in this issue considerably.


  • Registered Users, Registered Users 2 Posts: 3,733 ✭✭✭OMM 0000


    notmypants wrote: »
    Basically how I communicated with CEO. IMO it was a clash of personalities.

    How do you think you can prevent this from happening in future roles?


  • Registered Users, Registered Users 2 Posts: 1,122 ✭✭✭killanena


    Where I work it states in contracts of new hires that probation is 6 months with reviews every 2 months during that period. It can be extended by a further 3 months in the last review but once your out of probation you are entitled to a verbal warning, written, etc..

    So have a look at your contract.


  • Closed Accounts Posts: 6,926 ✭✭✭davo10


    _Brian wrote: »
    I would always have said under 12 months and you have no protection.

    However there was a case recently of a shop worker fired because she wasn’t pushy enough with customers, no warnings or anything.

    She took a case and was awarded maybe €11k.

    I thought it was a bizarre decision and muddys the water in this issue considerably.

    Different type of case, the shop worker you are referring to was a manager and the ERC ruled that she was not given sufficient time to show her skills/ability. Also, I read that case is being appealed.


  • Advertisement
  • Registered Users, Registered Users 2 Posts: 29 alig1234


    What a terrible experience in your job. no matter what happened you do not deserve to be treated like this you deserve to be treated in a fair respectful and dignified manner with a right to appeal or have your side of the story heard. in the employers market we have here currently more and more managers are acting in a very unprofessional way making life difficult for their team members in order to maintain their own positions. Your contract if you got one should outline the disciplinary procedure and the steps you can take to appeal , if not, they are not keeping with the law, and so you may have a case under Unfaier Dismissal and you can get up to 2 years salary (even though usual protections usually only kick in after 12 months) and you can go the the Labour Court. Also think about writing to them saying you would like them to respond in writing saying why you were dismissed and outline the grounds for appeal. They are likely to be uncomfortable with that but if they don't respond it will show the LRC you demonstrated a desire to resolve the matter and get feedback and they would not answer. See workplacerelations.ie particularly Unfair dismissals section. I would hazard a guess they mentioned Gross misconduct because thats the one they can dismiss you without notice. However they still have to have the process for appeals outlined on your contract and you should ghet a letter after the meeting saying the reasons for dismissal and outlineing your rights to appeal. I would guess you didnt get this as they would hope you will just vanish. My background is HR/IR so happy to help you with drafting the letter and claim if you send me a PM. Send the letter by registered post to them. You can also ask for the personal data they hold on you under GDPR on the dismissal which should allow you see any notes they have on you or from your boss on the dismissal, Part of any settlement with them should be that they give you a good reference( again they are not supposed to divulge any info re dismissal but they can be vague or non commital on the phone which might make a prospective employer reconsider). I hope you find a position where you trust your employer and they treat you with the respect you rightly deserve. These sort of workplace incidents have a huge negative effect on self esteem and people need to assert themselves.


  • Registered Users, Registered Users 2 Posts: 23 notmypants


    OMM 0000 wrote: »
    How do you think you can prevent this from happening in future roles?

    I think the CEO has a lot to learn with how you treat people who work for you.

    Getting frustrated and firing someone likely isn't the way to do it.


  • Registered Users, Registered Users 2 Posts: 23 notmypants


    alig1234 wrote: »
    What a terrible experience in your job. no matter what happened you do not deserve to be treated like this you deserve to be treated in a fair respectful and dignified manner with a right to appeal or have your side of the story heard. in the employers market we have here currently more and more managers are acting in a very unprofessional way making life difficult for their team members in order to maintain their own positions. Your contract if you got one should outline the disciplinary procedure and the steps you can take to appeal , if not, they are not keeping with the law, and so you may have a case under Unfaier Dismissal and you can get up to 2 years salary (even though usual protections usually only kick in after 12 months) and you can go the the Labour Court. Also think about writing to them saying you would like them to respond in writing saying why you were dismissed and outline the grounds for appeal. They are likely to be uncomfortable with that but if they don't respond it will show the LRC you demonstrated a desire to resolve the matter and get feedback and they would not answer. See workplacerelations.ie particularly Unfair dismissals section. I would hazard a guess they mentioned Gross misconduct because thats the one they can dismiss you without notice. However they still have to have the process for appeals outlined on your contract and you should ghet a letter after the meeting saying the reasons for dismissal and outlineing your rights to appeal. I would guess you didnt get this as they would hope you will just vanish. My background is HR/IR so happy to help you with drafting the letter and claim if you send me a PM. Send the letter by registered post to them. You can also ask for the personal data they hold on you under GDPR on the dismissal which should allow you see any notes they have on you or from your boss on the dismissal, Part of any settlement with them should be that they give you a good reference( again they are not supposed to divulge any info re dismissal but they can be vague or non commital on the phone which might make a prospective employer reconsider). I hope you find a position where you trust your employer and they treat you with the respect you rightly deserve. These sort of workplace incidents have a huge negative effect on self esteem and people need to assert themselves.

    Thanks, will pm


  • Registered Users, Registered Users 2 Posts: 3,733 ✭✭✭OMM 0000


    notmypants wrote: »
    I think the CEO has a lot to learn with how you treat people who work for you.

    Getting frustrated and firing someone likely isn't the way to do it.

    You really believe you're blameless?

    I've been a manager a long time, and I've never seen someone fired for zero valid reason.

    I've seen people being fired who were terrible, yet they couldn't accept they were in any way to blame.

    Are you really being honest with yourself that you did nothing wrong?

    How about this - you need to better manage your relationships with the decision makers. Even if you don't like them.


  • Registered Users, Registered Users 2 Posts: 23 notmypants


    OMM 0000 wrote: »
    You really believe you're blameless?

    I've been a manager a long time, and I've never seen someone fired for zero valid reason.

    I've seen people being fired who were terrible, yet they couldn't accept they were in any way to blame.

    Are you really being honest with yourself that you did nothing wrong?

    How about this - you need to better manage your relationships with the decision makers. Even if you don't like them.

    let me pm you and you tell me if this was the right decision.

    I'm not blameless but this was a knee jerk reaction in this instance.


  • Registered Users, Registered Users 2 Posts: 29 alig1234


    Whether or not the OP is blameless or not is not the issue the issue is was due process as outlined in the contract followed and was the OP explained the process around his right to appeal. Everyone deserves the right to reply to the allegations.


  • Registered Users, Registered Users 2 Posts: 1,561 ✭✭✭con___manx1


    Maybe your boss didnt like the fact you were not kissing their ass. The same thing happend a friend of mine. He didnt get on with the boss and got the boot after 6 months. He is now permanent in a better role and is much happier.
    Good luck


  • Registered Users, Registered Users 2 Posts: 5 jay132


    notmypants wrote: »
    Hi,

    so I've just been let go today, from a role I was in for 8 months. Not the most enjoyable job but achieved record growth and was pretty happy with how things were progressing.

    The reason cited was performance related but no overall performance, just one aspect of it. Basically how I communicated with CEO. IMO it was a clash of personalities.

    There was no disciplinary hearing or verbal, written warnings. I also seen my job advertised last week.

    Now, I don't want to take a case against them but I also don't want them to treat people this way in the future or the current staff who are awesome.

    Is there anything I can do here?

    In a similar position myself at the moment.
    I was advised that there is something you could do under industrial Relations Act section 13 - but its not legally enforced. You could also think of every flaw within a company (health and safety issues, rest periods ect) and try to build a case. Would advise to see solicitor and then ull know if you have a case. Thanks


Advertisement