Urgent - Serious Misconduct at work

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

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gehenna

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#1764273 14-Apr-2017 12:17

BlinkyBill:

and I'm suspicious there is history here.

Hope not, because as I understand some of the changes to employment law last year, even your state of mind as an employer can be called upon for evidence - so if there is history and this process is being used as a way to oust the employee, there's serious consequences for the employer. Unless there is a process that has already been documented with the employee (warnings etc).

BlinkyBill

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#1764452 14-Apr-2017 16:52

gehenna:
BlinkyBill:

and I'm suspicious there is history here.

Hope not, because as I understand some of the changes to employment law last year, even your state of mind as an employer can be called upon for evidence - so if there is history and this process is being used as a way to oust the employee, there's serious consequences for the employer. Unless there is a process that has already been documented with the employee (warnings etc).

Please don't selectively quote me: I said that this seems like a trivial issue and then went on to suspect a history - by which I mean a history of being a bad employee, most likely a string of relatively trivial things. If it was a one-off, no evidence situation, most employers would chalk it up and move on.

It costs a lot to dismiss and replace an employee. The OP has a second job and works 70 hours per week. It doesn't smell quite right to me; and I have the experience of employing over 100 people.

You are not correct on your assertion either. IF there is a history, of poor employeedom, then perhaps one issue can break the camels back; in that circumstance the employer can most certainly start an action on a single incident and progress to completion.

There are some bad employers out there, no question, but any employer employs because they need staff, and it is counter-productive to get rid of people for no real reason. But let me tell you, if I don't want someone to work for me, I would fire them rather than put up with crap. In 11 years I have done so with 5-6 people, and good riddance.

Journeyman

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#1764470 14-Apr-2017 17:36

I don't have any specific advice that hasn't already been proffered, however - a good book for anyone in a similar situation is Employed But Under Fire. It's written by an NZ employment lawyer.

Employed But Under Fire is written to give comfort if you are under fire. It will explain in simple terms what is really going on at work and strategies you can adopt to help you see a way forward out of the stress.

A few things you will learn

* How to negotiate an employment agreement
* How to answer misconduct allegations
* How to deal with a performance management process
* How to deal with a bully
* How to raise a personal grievance and get it resolved

Batman

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#1764472 14-Apr-2017 17:46

If you want an employment lawyer I can link you to one.

SheriffNZ

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#1764481 14-Apr-2017 18:11

I'd be interested to know the outcome of yesterday's meeting....

qwertee

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#1767198 19-Apr-2017 10:56

So what was the outcome? I would like to know as well!

Jaxson

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#1767204 19-Apr-2017 11:08

Probably too late but wondered if your building has access control fitted, as that's pretty handy for reference.

Hope it went ok. If you are part of a union then they offer a service to attend meetings such as this with you.

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