Urgent - Serious Misconduct at work

Forums › Off topic › Urgent - Serious Misconduct at work - my rights?

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927 posts

Ultimate Geek

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#1763635 13-Apr-2017 10:34

Could it be about the 2nd job?
In my job we are required to inform our employer if we take on secondary employment, whether it is a similar role or something completely different.

emilyrain

7 posts

Wannabe Geek

#1763648 13-Apr-2017 10:46

Loismustdye: Could it be about the 2nd job?
In my job we are required to inform our employer if we take on secondary employment, whether it is a similar role or something completely different.

It's not, it is stated in the letter that it is about the damage that was caused

Wheelbarrow01

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Chorus

#1763649 13-Apr-2017 10:48

emilyrain:

The thing that concerns me about the firing thing is that it would go on my record for 12 months, I can't risk that because of trying to apply for residency I might get rejected for the visa hence more stress, my current visa is up in July so I'm getting the application sent in the next few weeks

Having read more about this story, my opinion now would be that you should go to the meeting, let them put their allegations to you, and then strongly deny everything. As long as you remain calm I don't see what they can do unless they have direct evidence. In order to prove it was you, they would have to show swipe card records and/or CCTV footage that prove conclusively thatnobody else was in the building between the time you left and the time the cleaners discovered the damage. If you don't have an automated access system at your office, they can't possibly prove that it couldn't have been someone else.

If it were me in your situation I would fight it - not because you necessarily want to continue working there, but to aid in your visa situation. I feel like they are banking on you rolling over and just copping to the damage. Make them work for it and prove their case.

emilyrain

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#1763650 13-Apr-2017 10:49

Drawing up a draft letter, not had to do one before, can I have some feedback? :)

Dear NAME,

Please accept this letter as my formal resignation from COMPANY as ROLE.

I am resigning due to personal reasons and being offered employment elsewhere which is better suited to my current personal needs at this time.

I am happy for this to be effective immediately or to be available at home/via e-mail with COLLEAGUE for any work that is outstanding.

Respectfully yours,

Your Signature (hard copy letter)

NAME HERE

throbb

675 posts

Ultimate Geek

#1763652 13-Apr-2017 10:49

emilyrain:

The thing that concerns me about the firing thing is that it would go on my record for 12 months, I can't risk that because of trying to apply for residency I might get rejected for the visa hence more stress, my current visa is up in July so I'm getting the application sent in the next few weeks

What record are you talking about? There is no record that tracks reasons for leaving jobs.

KrazyKid

1238 posts

Uber Geek

#1763654 13-Apr-2017 10:56

Make sure you have a support person with you. Sounds like with all the stress in your life you need an person to lean on and offer a sanity check/discussion with.
Sounds to me that there will be no evidence that you messed with the monitors.

I'd personally listen to what they say and then do something after you have had time access all the information.

gehenna

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#1763655 13-Apr-2017 10:57

You have the right to have a support person at the meeting, or advocate. You could even have legal representation. You can tender resignation anytime, the whole concept of the employer "accepting" it is meaningless. Basically you can resign anytime, they have to go with it, but they can insist on working out the notice period per your IEA. Are they suggesting the issue is dismissible? Normally you'd go through the standard verbal/written warning process first. It's very hard for them to define what is dismissible if it's not spelled out somewhere in a policy or your IEA. Most companies don't go for immediate dismissal because it often doesn't stand up at tribunal.

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gehenna

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#1763657 13-Apr-2017 10:58

throbb:

What record are you talking about? There is no record that tracks reasons for leaving jobs.

True but there are visa requirements that mean if you are dismissed from a job it counts against your application criteria. They can ask to speak with your current and former employers.

nzkiwiman

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#1763665 13-Apr-2017 11:07

emilyrain:

Drawing up a draft letter, not had to do one before, can I have some feedback? :)

Dear NAME,

Please accept this letter as my formal resignation from COMPANY as ROLE.

Effective DATE/immediately

Respectfully yours,

Your Signature (hard copy letter)

NAME HERE

I'd remove the reason for resigning

Give them a fixed date/or immediate and remove about being available at home

gzt

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#1763666 13-Apr-2017 11:08

The visa thing sounds like a minefield. Imho the suggestions in this thread are a useful guide, but you really need some advice from a professional advocate familiar with visa issues to ensure the best possible outcome.

LookingUp

411 posts

Ultimate Geek

#1763671 13-Apr-2017 11:10

What's to say the damage wasn't caused by the cleaners? Unless someone actually saw you cause the damage it's your word against theirs.

I'd certainly want to make it clear, and insist that it's documented, that you claim to have no part in causing the damage as it's not the sort of thing you want to come back to haunt you. Simply resigning, however attractive, is going to very much appear to be an admission of guilt. I agree with others - definitely take someone with you to the meeting, as you'll be nervous, and if nothing else they'll be able to observe proceedings from a clearer standpoint.

Deep breath, best of luck!

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meesham

973 posts

Ultimate Geek

#1763676 13-Apr-2017 11:17

As others have said the main thing is the remain calm and just listen to what they have to say, and having a support person there is a very good idea as in situations like this you don't always remember things clearly after the event. To me it sounds like all they're doing is writing a nice big wrongful dismissal cheque for you, if what you say is accurate there's no way they can say it was definitely you.

gehenna

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#1763678 13-Apr-2017 11:17

gzt: The visa thing sounds like a minefield. Imho the suggestions in this thread are a useful guide, but you really need some advice from a professional advocate familiar with visa issues to ensure the best possible outcome.

This^^

There's free community law advice available in most centres, I didn't see where you're located. I've used them before to talk about restraint of trade stuff. They usually have a specific night for a specific law subject, so you could let your employer know you want to seek legal advice before the meeting and ask for a fair and reasonable amount of time to prepare. I get their perspective that they want to solve the situation quickly as letting it drag on can be problematic, but they also need to give you a fair go - the fact that you're from overseas should influence that as you need time to get up to speed on NZ processes.

I'm also pretty sure you don't have to respond to them immediately - i.e. once you have the meeting and they state their case, they need to give you a reasonable amount of time to prepare and present a response, at a minimum 24 hours is fair I think.

ZollyMonsta

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#1763679 13-Apr-2017 11:19

If it was me, I would be fighting the allegations to clear my name. They should be providing firm evidence that it was yourself that caused the damage. This should be either a witness to the damage being caused by you or in the form of security camera footage.

They may not accept your resignation.

The issue will also arise that future employers may wish to know why you left your current position and/or why you were terminated.

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Coil

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#1763684 13-Apr-2017 11:28

Clearly you didnt cause the damage, There should be no reason for concern as they cant prove it was you. Lets hope they have CCTV video of the damage being caused or the offender so they embarrass themselves for hanging you up for this. Either way your going to keep your job and resign or lose your job and take them to court and have financial reparation.

You winning a case in an employment court for being wrongfully dismissed shouldn't affect your Visa.

If it were me, I'd be going to that meeting with a support person and listen to what they say. Then deny what they are accusing you of. Ask for actual evidence of you committing the offence. Maybe if you have people you were with at the time or around the time vouch for you would help.

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