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Work dilemma

Discussion in 'General Discussion' started by wez130, 11 Nov 2016.

  1. wez130

    Capodecina

    Joined: 31 Jan 2004

    Posts: 11,110

    Location: Matakana New Zealand

    A couple of weeks ago, we told our employer that we were planning on migrating to New Zealand late in 2017, saying it was only fair we gave them as much notice as possible (a year).
    Today, I found out that they have secretly re-emloyed an ex employee (I shall name him Bob for the sake of this topic). Bob was employed when I started in March 2014. he seemed to have a split personality, one day he was happy, the next he was very moody, and often took it out on me. Bob didn't seem to like me for whatever reason he had and it was uncomfortable working with him to the point I was considering my options. I loved my job but I felt I was treading on eggshells whenever I was working with him as i’d never know what kind of mood he was in.
    I decided that it would be best to try to just get on with it and keep my head down. I made it clear to my employers that I was uncomfortable at the time.
    In the end, Bob walked out of the workplace during an evening shift in September 2014ish, blaming me, saying how he hoped I would get sacked and how he wanted to slap me. Since then, I have loved working at my workplace and we have a great team in the kitchen (for almost 2 years the same team) and have had no issues since Bob quit.

    I don’t know the motives for bringing Bob back, why would you re-employ somebody who walked out on you? Surely my employers know it’s going to cause friction in the workplace and I already dread the fact I am going to have to work with him to the point i’m considering giving my notice.

    I am very popular at my work place and have built a fantastic reputation for our food and a lot of customers love me and always comment when i've been on holiday how it just hasn't been as good.

    My question is, if i do feel that i cannot work here with Bob, and i quit my position as a direct result of my employers actions, do i have a case for constructive dismissal? What kind of evidence do i need to bolster it up?
     
  2. esoteric

    Mobster

    Joined: 5 Aug 2004

    Posts: 2,552

    Perhaps Bob is a changed man, give him a chance. If not then your evidence is 2 years of peace and harmony without him, of which your team will surely back you up on, and now that he's back and is causing problems you and your team cannot deal with.
     
  3. FurryLemon

    Wise Guy

    Joined: 8 Aug 2015

    Posts: 1,495

    Location: France

    Eh?

    If you quit that is on you, not them!
     
  4. wez130

    Capodecina

    Joined: 31 Jan 2004

    Posts: 11,110

    Location: Matakana New Zealand

     
  5. tom_e

    Man of Honour

    Joined: 26 Dec 2003

    Posts: 28,231

    Location: Shropshire

    Why on earth did you give them anymore than your contracted notice?
     
  6. Ayahuasca

    Capodecina

    Joined: 23 Apr 2014

    Posts: 24,220

    Location: Huem

    Ask if you can have a safe space and for Bob to offer trigger warnings.
     
  7. wez130

    Capodecina

    Joined: 31 Jan 2004

    Posts: 11,110

    Location: Matakana New Zealand

    Eh? I haven't quit. I haven't given my notice, i'll wait and see what happens when he starts working again, i've told my employers my concerns but they have said he's a changed person etc etc, but i just can't see him and i getting along for reasons in the past.
     
  8. Captain

    Capodecina

    Joined: 1 Dec 2011

    Posts: 19,798

    Location:

    Why not speak up and have it out with him? We had someone like this at work, I had to work the opposite shift to him and he was a ****, told him he needs to sort himself out, we had a heated discussion but we talked it through, he's now one of my closest work friends.

    Nothing will change if you don't speak up.
     
  9. tom_e

    Man of Honour

    Joined: 26 Dec 2003

    Posts: 28,231

    Location: Shropshire

    You didn't in as many words but you've basically said there's a good chance I'll be off soonish so they're now not going to be overly bothered if they annoy you or push you out.
     
  10. ivrytwr3

    Mobster

    Joined: 25 Aug 2006

    Posts: 4,637

    Exactly this.

    What did you expect them to do? You have told them you are leaving and so they will get someone to replace you and it won't be a case of on the day you leave someone will take your place. It will be to their convenience, not yours.
     
  11. FurryLemon

    Wise Guy

    Joined: 8 Aug 2015

    Posts: 1,495

    Location: France

    :D
     
  12. peterwalkley

    Mobster

    Joined: 23 Feb 2009

    Posts: 4,046

    Location: South Wirral

    Pretty much this. Bob's history from 2 years ago is likely irrelevant without a lot of documented evidence. It would have to be something extreme like physical assault for you to win an unfair dismissal case without bob having had chance to prove he's no longer a problem. Maybe there was a medical or personal reason for bob's behaviour that is now resolved.

    Is Bob going to be your boss, subordinate or a peer ? All you can really do now is highlight there was some history and document anything relevant from the new start.
     
  13. amigafan2003

    Perma Banned

    Joined: 18 Jan 2008

    Posts: 18,975

    Location: Fylde Coast, Lancashire

    As an ex union rep, I'm confident is saying no, you wouldn't have a hope in hell of claiming constructive dismissal just because you don't get on with someone.

    However, I do feel that statement is worth qualifying - if you do feel that "Bob" is bullying or harassing you (which you would need to collect alot of evidence for to prove - I suggest you keep a diary), then you absolutely should do something about that and let your employer know - they have a duty of care towards you and to ensure that situation is stamped out. If they don't take any action and you feel you have no option other than to quit, then you "might" have a constructive dismissal claim, but it would be slim chance.

    Also, why on earth would you tell your employer you're "considering" emigrating? You tell them when it's finalised and only then according to your minimum notice period.
     
  14. httk

    Hitman

    Joined: 18 Apr 2011

    Posts: 576

    Firstly, I applaud you for telling them well in advance, foolish, perhaps, but it's the honest thing to do and it's what I would do.

    On the Bob subject, similar to what has said above:
    a. Document everything and raise your concerns, email would be best or whatever is the best way for you to have a record to telling your employer "Bob may have changed, but you have concerns about him working there based on previous experience." Be specific, say "He does things like....." and then they say he's changed, you say that's fine, but get them to agree that behavior like what you're describing is unacceptable so that in Bob does it you can go back to them.
    b. Try it and see, he may well have changed, so approach it as openly as you can.
    c. Will he be on probation? I would ask this of the employer? Obviously I don't know if this is casual work or permanent employment, but even if Bob is a bad person you'd think he'd want to get settled before causing problems with other people.
    d. If he's being aggressive or threatening, document it and share it with your employers stating that his behavior is unacceptable. Be very specific, say what he said, if he raised his arms etc.
    e. Try not to let it bother you, if you're thinking about leaving anyway, just keep your head down and try not to clash with him or even work the same shifts as him if that's possible, then it won't be an issue and you can just ignore it for 9 months then quit.
    f. if you really think it's an issue, you could ask if they can bring Bob back later, i.e. you accept that they're bringing him back, but is it really necessary to do it immediately (if you're not leaving for ages and if he's there to replace you).
     
  15. shifty_uk

    Capodecina

    Joined: 27 Sep 2004

    Posts: 12,997

    Location: Glasgow

    You shouldn't have told them, end of. I'm saying that as an employer myself. Of course they were going to line up a replacement. In the end you might not even go so all the trouble for nothing.
     
  16. Arsonist

    Wise Guy

    Joined: 11 Jul 2012

    Posts: 1,524

    Location: Nomadic

    He's not really called Bob, is he? I can see right through your ruse!
    Has he got a letterbox?
     
  17. wez130

    Capodecina

    Joined: 31 Jan 2004

    Posts: 11,110

    Location: Matakana New Zealand

    Both my wife and I work there together, we have for nearly three years almost. I always had a lot of respect for my employer, they were always family lime and it was always on the cards that we were going to NZ as I need to get there before I'm 45 for pension purposes. The idea was to give as much notice as possible to give enough time to have someone trained up to my standard by the time I go. That won't take 4 weeks! Maybe I'm being paranoid and they don't realise how I would feel but ultimately, he left on bad terms with both me and my employer.
    I always expected them to line up a replacement, bug not someone else who basically left them in the proverbial poo. He wasn't even a good chef!
    I'm just going to put it straight to him that he's coming into an established team and he needs to fit in or **** off anyway.
     
  18. CircleFaust

    Mobster

    Joined: 1 Dec 2003

    Posts: 3,452

    if he is still a plick it won't be that long until you're out of there
    a year will fly by
    just grin and bear it for a while