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Manager initating a Sanction, notificaiton appeared on screen

  • 03-03-2023 1:43pm
    #1
    Registered Users Posts: 539 ✭✭✭


    Hi all,

    Working for 5 years with a horrible company, current boss is an absolute 'see you next Tuesday'. they want me gone, I want to go too but I want a redundancy package

    They have given me a verbal warning about sales targets (its a call centre) and a written one swiftly after for coming in 10mins late. I'm going through a soul-destroying micromanagement with filling in reports 4 times of the day, and 'training' sessions where it's the basic of basics.

    However, one of the 'training' sessions, my boss left his Outlook open when connecting his laptop to the projector, and a notification appeared on-screen from HR that said

    (not real names) "John, do you want to sanction Alan?"

    His face melted, and he shut down the laptop, not realising it was still connected to the projector and asked to leave the session, there was another guy there same as me, and we looked at each other and just smiled. I said I wanted to go I wasn't feeling well, and he said 'take the day off' and now wondering what I can do about this, is what they did illegal?



Comments

  • Registered Users Posts: 7,489 ✭✭✭Raichu


    Not illegal no. Just shows your manager is not very intelligent.



  • Registered Users Posts: 1,377 ✭✭✭denismc


    ....



  • Registered Users Posts: 25,646 ✭✭✭✭Mrs OBumble


    It's a data protection breach. So yes, illegal because your colleague saw it.

    If your colleague hadn't see it, it would just be stupid.



  • Registered Users Posts: 5,051 ✭✭✭Augme


    I'm not expert on the gdpr side of things but might be worth looking into the potential of this being a breach of gdpr. Nothing illegal in terms of employment legislation though as pointed out.



  • Registered Users Posts: 539 ✭✭✭Buttercake


    Thanks all, I thought you cannot sanction without due process?



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  • Registered Users Posts: 18,086 ✭✭✭✭bucketybuck


    The first thing you need to do is make a formal complaint to HR about the incident so that the details are properly recorded, and then take proper legal advice from a professional.

    Its obvious that they want to manage you out the door and have no intention of ever giving you redundancy, handling this incident correctly will make that harder for them to do and look very poor for them in any subsequent complaints process.

    Bringing a claim against them may even prompt them to come to agreement on a package to make you go away, but only if you do it right, so get proper advice rather than internet advice.



  • Registered Users Posts: 5,828 ✭✭✭daheff


    I'd also send in a GDPR request asking for any and all.communications sent between your manager & HR which have referenced you. Specified the date time you saw this notification, but not limit it to just this time.


    I'd wager for a complaint they'll start with saying it never happened.


    Will the other person who saw that notification confirmed they saw it if you need them to?



  • Registered Users Posts: 7,489 ✭✭✭Raichu


    Since when is your first name a GDPR breach.. some of you need to take a chill pill honestly.

    It was a stupid thing to do having outlook open while you connected a projector but it’s not illegal or a GDPR breach it’s just fcuking stupidity.

    Too quick to litigate in this country lately.



  • Registered Users Posts: 1,627 ✭✭✭wench


    His name appearing isn't the issue, it's the leaking of information about a potential disciplinary procedure that's the problem.



  • Registered Users Posts: 7,489 ✭✭✭Raichu


    I still don’t see how this is GDPR. Is it an embarrassment for the manager/company? Oh you bet. But that’s really the long and short of it, I just can’t see any chance in hell the OP has any type of case here for GDPR or anything else.

    That said they have a stronger position to get out of there with a few quid from the company following this. I wouldn’t be letting it go but I also wouldn’t be wasting my time with WRC or whatever.

    But then maybe I’m dead wrong. I’d just be very surprised if there was a legit case here for anything more than the manager getting a kick in the arse from his boss for being a complete numpty.



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  • Registered Users Posts: 25,646 ✭✭✭✭Mrs OBumble


    Everyone who saw the notification knew exactly which John it was referring to.

    The managers action meant that sensitive information about an individual became known to someone who had no need for that information. That's a privacy breach.



  • Registered Users Posts: 7,489 ✭✭✭Raichu


    That still doesn’t necessarily fall under GDPR.



  • Posts: 0 [Deleted User]


    What's sensitive about it?

    1. Personal data revealing racial or ethnic origin.
    2. Political opinions.
    3. Religious or philosophical beliefs.
    4. Trade union membership.
    5. Genetic data and biometric data processed for the purpose of uniquely identifying a natural person.
    6. Data concerning health.
    7. Data concerning a natural person’s sex life or sexual orientation.


    Not seeing the link...



  • Registered Users Posts: 1,627 ✭✭✭wench


    Is it an embarrassment for the manager/company? Oh you bet. But that’s really the long and short of it

    Saying that is the long and short of it completely hand-waves away any impact on the OP.

    Information about the OPs disciplinary record is personal data, and should be known only to HR and the line management. The company have a duty to only share it on a need to know basis, and the manager has breached that obligation.

    Making such information generally known could impact on the OP's future in the company. It could lower people's opinion of them, and effect future opportunities/promotions etc.



  • Registered Users Posts: 7,489 ✭✭✭Raichu


    I don’t disagree with any of what you said but that doesn’t mean it breached GDPR rules either.

    As for what you said, I don’t disagree but I also don’t think it’s a factor here as per the OP the manager and company overall seem to be hoping they depart or can be managed out of the company with as little cost to them as possible.

    I don’t think the OP is going to be afforded any chances within the company for those reasons rather than any email to HR. Regardless, GDPR & workplace reputation are not exactly the same thing.

    I’d also be curious if an email which just made mention of an employee would actually be a GDPR thing at all as it simply just asked a question that happened to mention their name.

    Like if the email said “Alan, do you want to take John out for lunch?” would it be a GDPR issue? If so, why? If not, why not? I don’t think simply asking if they want to sanction the employee is enough to claim a data breach occurred under GDPR.



  • Moderators, Regional Midwest Moderators Posts: 11,044 Mod ✭✭✭✭MarkR


    I don't think that GDPR is relevant, but not everything privacy related is GDPR. Contact HR by all means. It does seem like you have some issues in the company other than this, so make sure you're above reproach. If they can document that you're not meeting metrics, and have already received a warning for being late, then they could start documenting more "issues" about you.



  • Registered Users Posts: 2,049 ✭✭✭witchgirl26



    It's not illegal. Nor is it a breach of GDPR if it didn't include 2 pieces of identifiable information (e.g full name & email). Was it bad form, yes, course it was but nothing illegal going on there.

    Just on the redundancy thing you mention - stop holding out for it. You can only get a redundancy package if the company make the position you're in redundant, not you as an individual. That means if it's a sales call centre, it's highly unlikely they'll be doing that unless they're downsizing massively as they'll still need someone to sell. And you're not going to get a pay-out either - days of those are well gone unless you're in a very senior position. Especially if you've had 2 warnings.



    But they are doing due process - you're on a PIP (performance improvement plan), yes? With the filing reports & additional training. If you do not successfully meet the targets of the PIP, they can sanction further. This can be a continuation of the PIP or dismissal. All depends on what was in that plan. And you've been given both a verbal & written warning previously. As long as the PIP is not set with unrealistic targets (e.g. ones that cannot be reasonably seen to be met within the timeframe), then they appear to be following internal processes & best practice on that side. Now you can double check by getting a copy of the company's disciplinary policy which should lay it out but that's about it.



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