Dismissal of an employee...

kirkland

kirkland

kirkland

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Heres the situation, a supervisor of her team dismisses a person on a team...been one for 2 month and been with the company a for 3 years and was internally promoted. A report is asked why she has sacked this bloke from her team, very well the report :

Explained how the bloke wasnt the best worker on the team, he was verbally aggressive towards her as he had been with the company longer and didn't get the supervisor job. over last couple of months he had been absent a lot with no apparent reason. however on Thursday the bloke rang saying he wouldn't be in on friday due to illness....ok.. on monday the supervisor over hears a conversation with the bloke and his friends talking about his day of watching the football. Supervisor calls the bloke to her office and confronts him about this, he says she cant prove anything, she requests a Drs. note, he says he hasn't got one, she sacks him.

2 verbal warnings where given 18 months prior to the sacking...

What would you make of this sequence of events? Do you think the correct procedures where followed and how would you feel in both positions?

There is not bias, this is the mere sequence of events that happened, from this point of view,
 
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Any previous warnings surrounding the absence or attitude?

If not the sacked work might be able to get a nice payout if took to tribunal

Also you dont need a doctors not for the first week normally
 
In todays world the bloke will have a fair chance of a claim - its why dismissal procedures in most companies can take 6 months plus for someone to be dismissed unless it has documented evidence of gross negligence or similar.

Agressive behaviour unless witnessed or reported at the time counts as nothing.

Absenteeism in and of itself is nothing. What would happen in most companies is attendance management of one form or another which is where the 6 months plus comes in as it takes that long to go through all the stages.

Without having any independant witnesses the guy can go down the route of unfair dismissal as it is her word against his.

Its why women should not be in charge when they get PMT....








....only joking ffs :p :D ;)
 
He deserved the sack, but it sounds like proper procedure wasn't followed so he could take them to tribunal and would expect to win.

You need to have a recorded verbal warning, written warnings etc before you can be sacked legally, as this wouldn't come under gross misconduct.
 
The story has a clear bias so it's hard to say.

Did the bloke say he didn't have a doctors note ON him or that he couldn't get one? If he didn't have one on him, that's absolutely understandable.

Had he been formally warned about his conduct before he was fired?

Any actual evidence he had the day off watching football? "I heard him" isn't evidence.
 
Wheres the clear bias, just highlight the bits out and ill try to even it out a bit ....

sorry forgot to mention 2 official verbal warnings where given
 
sniffy said:
Did the bloke say he didn't have a doctors note ON him or that he couldn't get one? If he didn't have one on him, that's absolutely understandable.
Click to expand...

How would you get one anyway? (providing doctors give them out for <5 day illnesses). You go to the doc on Tuesday and say I was ill on Friday, can I have a note?
Even though the, as you say, biased story - the guy should be sacked. I don't think not having a doctors note should have anything to do with his sacking.

To the OP: I have a feeling your friend/girlfriend/mrs/whoever the story is about, might be in trouble, or might find themselves doing a lot of apologising and sucking up.
 
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OK "clear" bias is a bit strong, sorry :p ste_bla put it better, it's just one side of the story and that's obviously going to omit some facts.

KingAdora said:
How would you get one anyway? (providing doctors give them out for <5 day illnesses). You go to the doc on Tuesday and say I was ill on Friday, can I have a note?
Click to expand...

I used to get doctors note when I was a school kid for illnesses which were under 5 days. Fair point about going back and getting one though. I imagine they have the data but if they'd waste time doing it is another question.
 
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What would his argument be in court out of interest, has it looks like theres good reason to dismiss him..... just curious not pepping up an argument
 
So how does this supervisor know that he was watching football on the "sick day" and wasn't talking about Saturdays game? After all, she only overheard a conversation that she wasn't actually part of.

Plus, I don't think you need a Dr's note if you phone in sick for just one day.
 
sniffy said:
OK "clear" bias is a bit strong, sorry :p ste_bla put it better, it's just one side of the story and that's obviously going to omit some facts.
Click to expand...

List of events unbias as possible

-Late couple occasions
-Warned
-Some agression and attitude shown hear and there
-told no attendance on friday due to illness
-discovered a lie
-sacked

Thats basically a list of events
 
Its all dependent on the dismissal procedure of the particular company. Most go for the 2 verbal, 1 written then bye! If she has not acted in accordance with the contract/company handbook then there could be trouble... Unless there has been a serious breech of code such as verbal/physical abuse of a colleague, theft, drunk at work etc etc...
 
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