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Can a job do this

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    #62
    joeguevara
    Registered Users Posts: 8,034 ✭✭✭joeguevara


    Was the footage integral to your dismissal or were their witnesses. Is there written testimony of you saying you saw it and agree that the actions occurred. Did they give a reason for its erasure. Too many different scenarios to give a definitive answer.

    But if it was only evidence. If you didn’t see it or dispute it’s content then you have a case. You will be asked to give sworn evidence if it goes further and the evidence will be judged on its merits. Balance of probabilities rather than reasonable doubt.

    There may be an issue that procedure wasn’t followed on their part or natural justice that you didn’t have an opportunity to challenge evidence. But more facts are needed.


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    #63
    Raheem Euro
    Closed Accounts Posts: 327 ✭✭Raheem Euro


    Any sort of fair process would mean you would have to get Disclosure of your employer's case ahead of the hearing. Statements, cctv footage, anything he wil rely on in the proceedings. How else could you prepare your defense?

    You should write to HR and get copies of their documents on their disciplinary process and rules. This will tell you your responsibilities and entitlements in the proceedure and those of your employer. It will probably tell you that you were entitled to disclosure.

    You can either take Judicial Review to have yourself reinstated. Or action for damages for constructive dismissal.


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    #64
    joeguevara
    Registered Users Posts: 8,034 ✭✭✭joeguevara


    Raheem Euro wrote: »
    Any sort of fair process would mean you would have to get Disclosure of your employer's case ahead of the hearing. Statements, cctv footage, anything he wil rely on in the proceedings. How else could you prepare your defense?

    You should write to HR and get copies of their documents on their disciplinary process and rules. This will tell you your responsibilities and entitlements in the proceedure and those of your employer. It will probably tell you that you were entitled to disclosure.

    You can either take Judicial Review to have yourself reinstated. Or action for damages for constructive dismissal.

    Some good advice here but a couple of points. As you have been dismissed constructive dismissal is the incorrect term when seeking restitution. It would either be unfair dismissal if you shouldn’t have been dismissed or breach of procedure if you should have been but they went about it the wrong way or both.

    Secondly judicial review would probably be a sledge to crack a nut and could take years and be costly. WRC should be your first port of call. In most cases reinstatement is not an option as would you really like to work in a place that treated you unfairly.


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