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Work issue

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  • 12-04-2019 11:57pm
    #1
    Handsome
    Registered Users Posts: 6 ✭


    Iv been suspended now for nearly 6months on a false accusation that I had an accident ib work deliberately the investigation has been finished with 6weeks waiting on the findings how long does this process take


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    #2
    suicide_circus
    Registered Users Posts: 19,802 ✭✭✭✭suicide_circus


    depends on the companies policy on the matter i would imagine. Have you taken legal advice?


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    #3
    Big Bag of Chips
    Administrators Posts: 13,796 Admin ✭✭✭✭✭Big Bag of Chips


    Moved to more appropriate forum.

    Local charter applies.


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    #4
    OMM 0000
    Registered Users Posts: 3,733 ✭✭✭OMM 0000


    I think you can ask your employer for an update.


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    #5
    BrokenArrows
    Registered Users Posts: 7,500 ✭✭✭BrokenArrows


    Nobody here will be able to tell you when you will find the result. Only your employer can.

    Have you been suspended without pay? If so i would seek legal advice regarding this.


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    #6
    BattleCorp
    Registered Users Posts: 11,758 ✭✭✭✭BattleCorp


    BrokenArrows wrote: »
    Nobody here will be able to tell you when you will find the result. Only your employer can.

    Have you been suspended without pay? If so i would seek legal advice regarding this.

    You cannot suspend a worker on unpaid suspension pending an investigation. That prejudges that the employee is guilty and therefore they aren't getting the benefit of fair procedure.

    It does seem absolutely ridiculous though that it takes 6 months to investigate an incident. That in itself would seem excessive.


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    #7
    _Brian
    Registered Users Posts: 18,501 ✭✭✭✭_Brian


    It’s staggering they have dragged this out for six months.

    I’m presuming your on paid suspension ??

    Have you been holding them to their procedures regarding disciplinary process. ??


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    #8
    OMM 0000
    Registered Users Posts: 3,733 ✭✭✭OMM 0000


    I agree. How can this possibly take 6 months?


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    #9
    BattleCorp
    Registered Users Posts: 11,758 ✭✭✭✭BattleCorp


    OMM 0000 wrote: »
    I agree. How can this possibly take 6 months?

    That in itself could be grounds for claiming unfair procedure.

    ^^^^^^^^^^^^

    For what it's worth, the above is my own opinion. I am not a legal expert.


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    #10
    dreamers75
    Registered Users Posts: 20,558 ✭✭✭✭dreamers75


    Its taking 6 months as the company is solictiing legal and insurance advice and possibly garda advice(if your charged with fraud you are fcuked in any claim).

    I would imagine you are going to be fired and them paying you whilst on suspension removes any "loss of earnings" from your probable claim to the WRC.

    if they dont fire you there is an element of mis trust in both parties, it wont end well. Look for a new job.


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    #11
    BattleCorp
    Registered Users Posts: 11,758 ✭✭✭✭BattleCorp


    dreamers75 wrote: »
    Its taking 6 months as the company is solictiing legal and insurance advice and possibly garda advice(if your charged with fraud you are fcuked in any claim).

    I would imagine you are going to be fired and them paying you whilst on suspension removes any "loss of earnings" from your probable claim to the WRC.

    if they dont fire you there is an element of mis trust in both parties, it wont end well. Look for a new job.

    Lets take the OP at face value and assume that they are telling the truth.

    They had an accident at work. An investigation needs to be held to determine what happened, why it happened and how it can be prevented from happening again. This investigation will determine liability, in other words who is responsible for the injury. I assume that is what the employer is doing now but I can't for the life of me figure out why it is taking so long.

    If the employer is correct and the employee did indeed have the accident on purpose, that can be a very difficult thing to prove. Being charged with fraud is one thing but proving it is a different matter. Being charged with fraud doesn't fcuk your claim. Being convicted of fraud probably would fcuk your claim.

    So potentially you could have the employer facing two claims. One claim for the personal injury which would go to PIAB and then possibly the courts and the other claim would be for constructive/unfair dismissal which would go to the WRC.

    The employer would need very strong evidence indeed to warrant keeping the employee on suspension for over 6 months. That's crazy in my book and it leaves the employer very much in the crosshairs. Every employee is entitled to due process and dragging matters out this long doesn't seem like due process. Court cases have been thrown out because of a delay in bringing proceedings.

    I do agree with your last paragraph though. It will be very very difficult for the employee to go back to work after being suspended for so long. That said, I wouldn't up sticks straight away. Getting a new job would affect the personal injury claim and the unfair/constructive dismissal claim should the OP want to make them.


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