HR Query

Route1

Hey folks,

Need some advice here.

I’m a full time employee have been working for this particular company for nearly 2 years.

I have been subject of a HR investigation and have been found to be in breach of policy. Nothing gross misconduct. A number of colleagues have done the same thing and have evidence of this.

I’ve been invited to a disciplinary meeting. Following the meeting a decision will be made as to whether to issue me with a disciplinary sanction, up to, and including dismissal, in line with the company's disciplinary policy. 

I’m planning to leave anyway as my time has run it’s course but was hoping to hang on few more pay cheques.

Wondering if dismissal is likely in this instance or if a warning will suffice.

Cheers

Jim_Hodge

Nobody here would know, as we don't know the details or the company policy.

Princess Calla

If other colleagues have done the same and are still there, dismissal... probably not.

However, if you think they are trying to manage you out... dismissal, yeah maybe.

Going dismissal route a company needs to make sure that they've followed all procedures....so I'd say only likely in gross misconduct cases.

They probably hope you take the hint and leave yourself.

Like Princess Calla says if the other folks involved weren’t dismissed then you probably won’t be either.

I imagine you will probably receive a similar sanction as this doesn’t sound like a terribly big deal overall from your post.

Regardless of planning to leave or not being sacked wouldn’t be ideal insofar as seeking references etc for your next job!

HildaOgdenx

Mod - Moved to Work Problems.

Local charter now applies.

chrisd2019

https://www.boards.ie/discussion/2058330334/hr-query

You need to read the policy and find where your alleged offence fits.

Jim2007

All we can do is guess...

If the offense is of such a nature that it could result in dismissal, then it obvious is a serious matter and you should make sure you are well prepared before you attend the meeting. Read up on the policy you are supposed to have breached as well as the disciplinary process and know your rights.

Assuming your circumstances are the same as the other people who have breached this policy, then you should expect the same outcome, but this is only guess work, we can't say if the circumstances were exactly the same....

Good luck with it.

CramCycle

Bring someone with you to the meeting if you think you are about to get gate, someone who is calm, reasonable and will remember everything. Failing this, a solicitor.

spaceHopper

Could you get made redundant and get a severance package, I know you aren't there long enough for one but as a good will gesture

cml387

https://www.boards.ie/discussion/comment/121622745#Comment_121622745

Yep, that's going to happen. "You committed a breach of the rules but here's a few bob as we say goodbye to show there's no hard feelings"

Jim2007

https://www.boards.ie/discussion/comment/121622745#Comment_121622745

So if a member of your team let you down and committed a serious breach of the rules, you'd be so benevolent toward them that you eliminate the position to meet the redundancy law and give them a bonus on top of it......

spaceHopper

https://www.boards.ie/discussion/comment/121628431#Comment_121628431

No but it happens all the time, if you reread the op's post they are there less than two years so could easily be let go with nothing and they are thinking of leaving anyway. What I was suggesting is that they could seek to leave on good terms with something like 3 months pay to help them find a new job.

witchgirl26

https://www.boards.ie/discussion/comment/121622745#Comment_121622745

A company is not going to make a role redundant just because an employee is looking at leaving. If redundancy is given for a role, the company cannot recruit anyone into that role afterwards. So highly unlikely they'd ever even look at it. Plus redundancies mean a lot more work for the company as they have to go through a consultation process etc etc. Not a quick fix to make someone who is leaving happy.

OP while the disciplinary action states that it can be up to dismissal level, if there are others who have done this (& the company is aware of these & has investigated them etc), it's likely it will more go down the route of a formal warning on file for you. Now that can't be guaranteed without knowing the exact policy in place, what the breach of policy was and the sanctions taken on others for this breach. Most likely, for things less than gross misconduct & if there isn't a history of breaching policy, companies will go the easier route of formal warning as dismissing someone requires a lot of backup to avoid a WRC case. No one can tell you for sure though.

Jim_Hodge

https://www.boards.ie/discussion/comment/121628521#Comment_121628521

Seriously? A relatively new hire breached rules and may leave anyway, so you think the company will reward them with an incentive? This most certainly does not happen all the time.

Oscar_Madison

You're being vague on details OP so very hard to answer your question but I wouldn’t necessarily be comparing yourself to others in the company who found themselves in similar situations - you don’t know the detail of these situations the background etc so you’re likely comparing apples and oranges.

In addition you probably know where this is heading yourself - assuming the rules are laid out clearly, you know what you’ve done or didn’t do etc so you can take a pretty good educated guess as to what the outcome will be based on that.

If you feel it’s heading towards dismissal, maybe discuss with them the prospect of resignation instead and what if anything they might say to a future perspective employer - considering you’re going to leave anyway, you may as well keep that as your focus- that and to be as contrite as possible - it’s not an easy position for them no less yourself so if you act well throughout this process they may cut you some slack

Jim2007

https://www.boards.ie/discussion/comment/121628521#Comment_121628521

In thirty years I can't remember a single case of a manager advocating for us give a delinquent employee any thing but the absolute legal minimum entitlement. On top of which it would sent a terrible message to the staff - screw around and we'll give you a nice exit package....

You must have an incredibly benevolent employer.

spaceHopper

https://www.boards.ie/discussion/comment/121629761#Comment_121629761

She was given goodbye money!

https://www.breakingnews.ie/ireland/high-court-dismisses-ammi-burkes-case-due-to-appalling-conduct-1471255.html

Jim2007

https://www.boards.ie/discussion/comment/121629778#Comment_121629778

So "No but it happens all the time" is down to this...

spaceHopper

https://www.boards.ie/discussion/comment/121630781#Comment_121630781

It's not something that your manager is going to say look we fired Ted but we gave them a good severance to keep them quite. It probably happens a lot more they we all think. I only raised it because the OP is worried about been fired, they could spin it as a redundancy and get enough money to keep them afloat until they find a new job. Its making the best out of a bad situation. I didn't realise you would get so hot and bothered about it.

AndrewJRenko

https://www.boards.ie/discussion/comment/121630781#Comment_121630781

I'm aware of two cases where the employer agreed a payoff, one a modest lump sum and one equivalent to statutory redundancy, to get a 'difficult' employee off the books quickly. As in most cases, there was probably a bit of blame on both sides, so they weren't simple cases of employee misbehaviour.

In both cases, the employer was agreeable to pay to get the matter resolved quickly, and avoid long drawn out disciplinary processes and appeals and WRCs.

Squatman

could the op provide more details of the alleage breach? and any outcome of the initial investigation if already taken place

Ted222

There’s a quid pro quo here. Payoffs typically require a signature confirming a waiver of any future legal action.

It’s a price some companies are willing to pay to put a difficult situation behind them, however bitter a pill it may be to swallow.