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Disciplinary Process

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  • 31-05-2021 5:38pm
    #1
    CharlieQ39
    Registered Users Posts: 5 ✭


    Just wondering if anybody can advise.

    I received a First Written Warning 12 Working Days after a Disciplinary Hearing. The Disciplinary Procedure states
    If disciplinary action is being taken the employee will be notified in writing within 7 working days of the meeting.

    Am I within my rights to refuse to accept the Written Warning.

    TIA


Comments

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    #2
    Dav010
    Registered Users Posts: 14,084 ✭✭✭✭Dav010


    Are you appealing the result of the Disciplinary process?


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    #3
    witchgirl26
    Registered Users Posts: 2,078 ✭✭✭witchgirl26


    Were you notified at the meeting that you would be receiving a written warning? Or that it was a possibility?
    Of course you can question it but it could be as simple as getting it signed off in the current environment is not as straightforward. If you do refuse it, what would most likely happen is that you will have a new meeting rehashing the same thing and then the written warning again but within the 7 days. Unless you can really dispute the reason for the written warning, then I think accept it and move on.


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    #4
    Strumms
    Registered Users Posts: 24,850 ✭✭✭✭Strumms


    witchgirl26 wrote: »
    Were you notified at the meeting that you would be receiving a written warning? Or that it was a possibility?
    Of course you can question it but it could be as simple as getting it signed off in the current environment is not as straightforward. If you do refuse it, what would most likely happen is that you will have a new meeting rehashing the same thing and then the written warning again but within the 7 days. Unless you can really dispute the reason for the written warning, then I think accept it and move on.

    Sounds like the OP would be appealing on the basis of an administrative / procedural oversight on behalf of the employer...

    A new meeting to rehash would be pointless. An investigation has already taken place and an outcome decided based on the facts..... to replay all that out just so you can re-discipline or re-invoke disciplinary action ? I’m no legal expert but the employer would be close to trouble..

    the OP was not informed in good time of what the disciplinary action was going to be. Whoever is responsible for that is the person who should be in receipt of admonishment or be disciplined themselves.

    The op should not be sanctioned.

    Funny, in the employee world, somebody fücks up, the employee must carry the can.

    In the employer world, the employer fûck s up, the employee must carry the can, in this case twice.


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    #5
    witchgirl26
    Registered Users Posts: 2,078 ✭✭✭witchgirl26


    Strumms wrote: »
    Sounds like the OP would be appealing on the basis of an administrative / procedural oversight on behalf of the employer...

    A new meeting to rehash would be pointless. An investigation has already taken place and an outcome decided based on the facts..... to replay all that out just so you can re-discipline or re-invoke disciplinary action ? I’m no legal expert but the employer would be close to trouble..

    the OP was not informed in good time of what the disciplinary action was going to be. Whoever is responsible for that is the person who should be in receipt of admonishment or be disciplined themselves.

    The op should not be sanctioned.

    Funny, in the employee world, somebody fücks up, the employee must carry the can.

    In the employer world, the employer fûck s up, the employee must carry the can, in this case twice.

    I wasn't implying that there would be any additional or different action against the employee. More that to be sure to implement the disciplinary action, they would redo the steps of the procedure and follow them to a T. And it wouldn't be close to legal trouble at all. The employer is still entitle to discipline the employee for an action that falls within the policy - being late with the notification doesn't expunge the original action.

    Appealing based on admin oversight does not change the facts of the case (which the OP has not disputed). So the employer would still want the disciplinary to stand.

    Why are you saying the employee must carry the can twice? It would literally just be the same for the original disciplinary. The outcome against the other employee who didn't follow protocol will have nothing to do with the OP and while they might get an update in a vague term (appropriate action has been taken...) they are not entitled to know the full extent of action against the employee who didn't send the notification in time.


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    #6
    3DataModem
    Registered Users Posts: 3,957 ✭✭✭3DataModem


    A legal hearing will not consider a delay of a few days in providing the outcome as material, unless there was some specific issue (e.g. you went on maternity leave or holidays on day 8).

    "Am I within my rights to refuse to accept the Written Warning."
    - Yes, but almost certainly not just because it was delayed.


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    #7
    Victor
    Registered Users Posts: 78,282 ✭✭✭✭Victor


    CharlieQ39 wrote: »
    I received a First Written Warning 12 Working Days after a Disciplinary Hearing.
    Date received might not be the important date. Date of sending is the important one.


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