Saturday, 10 March 2012

Employment Rights: Unfair Dismissal

Q: Can I be fired with immediate effect?


A: Part 3

Unfair dismissal occurs when an employee can prove that the reason for the dismissal, or the process used to dismiss them was "unfair". So obviously, the question you're asking at this point is...


What constitutes Unfair Dismissal?
A - The employer dismisses the employee without a fair reason as listed below:
    1. Gross Misconduct
    2. A reason related to the employee's capability or lack of qualifications
    3. Retirement of the employee
    4. Redundancy
    5. A legal requirement prevents the employment continuing (e.g., the employee is employed as a driver but no longer holds a driving license)

B - The employer fails to follow the correct dismissal process
    1. Sending a letter
    2. Arranging a meeting
    3. Telling you their decision
    4. Allowing an appeal


C - The employer dismisses the employee for an automatically unfair reason.

Automatically Unfair Dismissal
There is NO defence to an automatically unfair dismissal, which can include:
1.) Dismissal for asserting a statutory employment right

2.) Unfair dismissal before, during or after business transfers

3.) Discrimination

4.) Unfair retirement

5.) Dismissal in violation of pregnancy/maternity rights

6.) Dismissal following a failure to comply with statutory disciplinary or grievance procedures

7.) Unfair dismissal related to working patterns & time

8.) Unfair dismissal for an issue related to trade unions

9.) Unfair dismissal during an industrial dispute

10.) Dismissal for a reason connected to the National Minimum Wage

11.) Dismissal relating to activities as an occupational pension scheme trustee

12.) Dismissal for taking legitimate steps to ensure the observance of health and safety work place requirements

13.) Dismissal for carrying out the functions of an elected employee representative or candidate for election or taking part in an election

146 comments:

  1. Sir,How does the contract employment of a Security Officer formerly precepted,be defined and respected by the employer.That authorising a non commissioned employee viz.(a Secetary)to overseer such an officer of wide experience be adhered to by the said Officer.What legal defence can an Officer use in defence of intimidation? Can the E.P.A be a source of defence where any charge of misconduct,Insorbordination or other conjured-up accusation brought about by a manager on behalf of her secretary be used against an officer.

    ReplyDelete
  2. can an employee be dismissed using evidence the employee submitted under a griviance against her manager?

    ReplyDelete
    Replies
    1. I can't answer that question without more information.

      Delete
  3. Can your boss fire you if there was a dispute with you and a co worker, after having a couple disputes with costumers before. but he was not present the when you have the dispute with your co worker?

    ReplyDelete
    Replies
    1. It all depends on the severity of the dispute: i.e., topic of the dispute, has it been resolved; if no, can it be resolved, etc.

      Delete
  4. Hi. I was made redundant in February. Am I right in thinking that this means my former employer is unable to refill my position, I think, for at least six months?

    ReplyDelete
  5. does an employer have the right to force you to take an additional position, which you have declined?

    ReplyDelete
    Replies
    1. Is it in the contract? Will you be performing both roles at the same time? Is there a salary increase?

      Delete
  6. Sorry.But i am a permanent worker for a private company who fell ill and is currently going through medical tests.my employer has all my sick leaves since my health issues began.sent in a fit for work came to work one day after fit for work let them know that i would not be able to make it for the rest of the week(exhausted my 14 days of sick leave and had to take additional days)because of this i was told that i am in breach of contract.Are they possession of a sick leave for 28 days.Is this right? they also want me to sign a document agreeing to go on said sick leave without pay.Shouldn't i sign a document stating that NIS would be paying me during that period since the company is not? It sounds like if i sign the document that they want me to sign i very well might be signing my way out of a job.

    ReplyDelete
    Replies
    1. It's up to the company to determine their own policy on long-term sick leave. If theirs is 28 days, then that's the policy.

      Delete
  7. hello I was dismissed from my job with immediate effect today after working there for the past eleven years for what is written in my termination letter for violation to procedure and code of ethics and in addition to relevant details were not discussed with senor management who gave instructions on the matter.

    what type of dismissal was this and am I entitled to anything like holidays and my bonus that was to be paid last month.

    ReplyDelete
    Replies
    1. You must receive your salary up to that day and payment for all unused vacation time.

      You MUST also be given a chance to give your side of the story within the first week.

      Delete
  8. Hello I have exhausted my 14 days sick leave, actually I took 18 days and was suspended without pay for 5 days. The reason for my absence is due to illness since i am 7 months pregnant along with time off taken to attend clinic appointments. can my boss fire me for taking more time off if sick before i go on maternity leave. I have been employed with this company for 9 years and 5 months.

    ReplyDelete
    Replies
    1. See new post for answer. Send me a personal e-mail.

      Delete
  9. I am currently on Suspension for an unspecified time. It has been more than two weeks and I have received no official letter of any kind, no further communication of any kind so I do not even know if I am fired, if I am on a defined period of suspension, if the matter is being further investigated. I sent the boss an email asking that the matter be resolved since month end is approaching and I need to know where I stand. I have received no Reply to date.I work nights and I was suspended for allowing a former employee to enter the premisses after a memo was issued against such. In my defense I stated I was just trying to help the individual who was also suspended and salary witheld, so he would come by to see if I could help him with something to eat or drink or to make a phonecall(just as the Boss, Managers and other staff tried to do) I was called into a meeting after being told not to report to work. In the meeting it was agreed that the entire situation was poorly handled but it seems I am the only one being reprimanded. Not even the security personnel that were not at their posts are being suspended.

    ReplyDelete
    Replies
    1. You breached company policy, so they have every right to suspend you. However, they still have to follow the proper disciplinary procedure by giving you this in writing, having a hearing and also giving you a chance to appeal. Then it's up to them to dismiss you or not.

      Delete
    2. Can an employee act on behalf of an HSE officer or supervisor in the absence during an risk assessment without proper qualifications.

      Delete
  10. I was hired to be the Admin/Accounts assistant. My probation was supposed to be 6 months. After 3 months i was given the Operator duties. This new role was not signed off on and my salary was not increased. Also my probationary period was not over when this change was made. Since then i received a warning letter for not being able to do all tasks at 100%. Is this legal? As i am overwhelmed and my employer KNOWS i need this job. Please help?!

    ReplyDelete
    Replies
    1. Send me a private e-mail; I need more details.

      Delete
  11. my husband and another supervisor was involved in an exchage of words(Obscene language) over the parking of our vehicle on the work compound. my husband in his 15 yearsof service has never received an employee handbook nor was there a sign no parking for employees ever there. a meeting was held with my husband the other supervisor and a mediator. they were both interviewed separately and both were asked to apologise to the other. however, my husband got a warning letter saying that he was found guilt of using obscene language which he said yes too but he was also found guilt of using threatening language which was not true and can be reliable backed up by witnesses at the time of the incident.
    to me the warning letter is a forthcoming indication that the company which is family run (of who the other supervisor is also a relative to the owners) will be eagerly looking to find a way to dismiss my husband. what advise can you give us regarding the letter he got from the company?

    ReplyDelete
    Replies
    1. Actually, the letter is a valid reflection of the incident. If it's a family business, then favouritism should be expected and therefore your husband should've known better. I'm not saying it's right, but these things happen.

      Delete
  12. Hi good day. I was dismissed because i took part in election (voting) ). I was not allowed the time off from work. I was told if i go to vote i qud get a week off without pay. I meet up wit my x boss later dat day and told hin i was going and told him i understand i have to take the week off an he told me dont bother to come back to to his company. He told us (employees) that if we going to vote, go before work or after work. I work a shift. My shift starts from 8:30am-7:00pm. In terms of firing me because i went ahead and vote, is he right for doing that??? Plz advise me..... I need help!!!

    ReplyDelete
    Replies
    1. Of course that is ILLEGAL!

      Send me a private email.

      Delete
  13. Can an employee be suspended or fired for an altercation that happened with another co-worker outside of the workplace?

    ReplyDelete
  14. hello i am kevin will i have a friend that worked for an offshore company for 18 years straight actually he work's as an engineer on their vessels so recently he went to the u.s.a when he was off for a month and brought down a vessel for another company so his company found out so they fired him and told him he has nothing to get could you tell me what steps to follow or if you can tell me if an attorney will be the answer

    ReplyDelete
    Replies
    1. What are the grounds for this dismissal?

      Delete
  15. I worked for a private company and was made permenant in 2008 in 2012 i and another employee had an altercation in which i didnt even react or reply yet i was the one who was transferred iwas sent to work with a manager who did not like me for personal reasons i was depressed and wasnt attending work as i should i was asked to bring a sick leave i got one and changed the number of days i was fired two weeks later another employee who came about a year after me did the same thing and was suspended is that legal iwsnt even given a chance to explain why i did what i did

    ReplyDelete
    Replies
    1. That was illegal and unfair... sorry I took so long to respond. Not sure if that's of any help now.

      Delete
  16. Hi I have worked for a private security company for the years till some items went missing on a compound on which I was working.as a result I was told to bring in my uniform in order to get paid. That was over eight months ago and I'm still waiting to be paid for the days I have worked but when I call the company I am told they are waiting on an invoice of the items stolen to deduct a portion of the price of the items from my salary before I can be paid.is that legal.

    ReplyDelete
    Replies
    1. Was there an investigation into the theft? If not, how can they apportion blame to you? No, it's not legal

      Delete
  17. Hi

    My employer has dismissed me for poor performance but when asked by me cite the situations where poor performance occurred he never answered. I have been employed there five months now. What to do?

    ReplyDelete
    Replies
    1. Send me a private e-mail. Let's start with a letter from someone like myself requesting that information.

      Delete
  18. Good afternoon

    I have an employee who has a lying problem and was caught doing so on a number of occasions in front of other members of staff. They have been employed for one year and I feel very uncomfortable working with this person. If I were to pay the employee one months salary and gave them a letter terminating their service with immediate effect would this be classed as unfair dismissal?

    ReplyDelete
  19. the company i work with has refused to hire new staff everytime an employee leaves so that it falls upon the existing staff to pick up the slack. It was never discussed, salary never re-negotiated. if the staff refuses because it is not in their job portfolio threats are made by the mangers that they can fire us.
    is this ok on their part?

    ReplyDelete
    Replies
    1. Of course not. Plus, they can't fire you for no reason, so there's really nothing to worry about with those empty threats.

      Delete
  20. can sexual harrassment take the form of text messages? One employee is receiving advances from the CEO but she needs the job so cannot leave and he knows that. she had copies of all messages saved but recently lost a phone so the only messages she now has are over two years old. would that hold up in any legal way?

    ReplyDelete
    Replies
    1. Of course! That's much better because there's proof.

      Delete
  21. Hello ,
    I was employed as an Office Manager to a Law Firm from Feb 28th 2014 first off I was asked to assume my role as Office Manager sooner than my notice to my previous employer was up. I started work as the office manager .No contract was ever made my work hours were never concrete neither was my salary. There was no probationary period. I was later dismissed on March 24th, 2014 . Grounds for my dismissal was an ultimatum given to the lawyer by his previous office manager and his family to dismiss me or his existing staff will resign their posts.
    I was not given any notice of my dismissal . I was dismissed on the spot . I still have not collected my Salary for March 2014.

    There is also evidence of one his family members admitting they got me dismissed .


    Some legal advice on the situation will be greatly appreciated.

    ReplyDelete
    Replies
    1. A contract must be certain and with all these uncertain terms, how would anyone know what you should've been paid and what hours you should be working?

      However, if there is a way to prove that, we will be able to bring a claim against the firm for Wrongful dismissal.

      Delete
  22. Good day ,
    What kind of proof will you need to bring the claim against the Firm.
    I have not received my salary for March

    ReplyDelete
    Replies
    1. If it's salary, then won't your bank statement be proof?

      Delete
  23. Can a worker be dismissed for joining a union?

    ReplyDelete
    Replies
    1. http://trinidadandtobagolegalrights.blogspot.com/2014/06/trinidad-and-tobago-union-busting.html

      Delete
  24. How far apart should warning letters be issued.

    ReplyDelete
    Replies
    1. Well, the first warning should give a time-frame for improvement. If the first warning letter isn't clear, it may be considered ineffective, unless a reasonable amount of time (eg. a month or more) has passed.

      Delete
  25. What compensation is an employee entitled to if a company is found to have unfairly dismissed him?

    ReplyDelete
  26. How long is a warning letter valid for.

    if one word in the letter is spelt incorrectly, is it still valid.

    ReplyDelete
    Replies
    1. Firstly, a warning letter should have a "review date" to evaluate the progress of the employee. It's similar to like a probationary period, and so the employee's behaviour should be reconsidered.

      A typo doesn't make anything invalid unless it substantially changes the context.

      Delete
    2. Does the letter legally expire after a period if no review date is stated.

      in this case no review period has been given, only a correct period to correct fault

      Delete
    3. Not really, but of course, the courts will look at what's just and reasonable. Therefore, if this warning in 2014 is used as an excuse to fire you in 2016, it would be unfair.

      However, that still depends on the severity of the incident. The same rules for tardiness wouldn't be the same for serious misconduct.

      Delete
    4. Thank you , where can I read more about these issues and employee rights in reference to Trinidad and Tobago law

      Delete
  27. I was employed on 12th May 2014 as a clerical assistant in a doctors office and received immediate termination of employment on 30th June without warning along with my salary for the month the termination letter did not state the reason for my dismissal i would like to know if this was done correctly and i am 17 years of age is this procedure correct?

    ReplyDelete
    Replies
    1. You just walked in to work and got fired for absolutely no reason?

      Delete
  28. I work for a state enterprise and have been acting in a position for a number of years. If I no longer wish to act in the position do I need to give notice, and can Management 'make' me stay in such a position. I am a permanent worker and wish to revert to my substantive position. Please advise, thanks.

    ReplyDelete
    Replies
    1. Give notice. No one can force you to remain in a position that you don't want.

      Delete
  29. Good Day,
    Can someone who is pregnant be sent home unilaterally although their doctor has pronounced them fit to work?

    ReplyDelete
    Replies
    1. If you're unfit to work during your pregnancy, just go on maternity leave. Dismissing you because of your pregnancy is illegal.

      Delete
  30. can i be sent home for coming to work 1hours late

    ReplyDelete
  31. Can I be fired for being a HSE officer and having arthritis

    ReplyDelete
  32. hi can someone who is working with a company for eight days and wants to hand in her resignation cannot be paid even when this person has not signed a contract with the company. can they also tell the employee she will get paid when ever they chose to pay her.

    ReplyDelete
    Replies
    1. Even if an employee works for a day, s/he is entitled to the pay earned, which should be paid on the next pay day.

      Delete
  33. Hello,
    Thank you so much for this forum you are doing a great job!
    I have been working at a State Enterprise for the past thirteen years and I am a permanent worker. I am now being told that the Human Resources Department had erroneously giving me two days no pay leave in 2001, and because of this I have never worked 12 months continuously, since I take my vacation leave every year (as authorized by HR). The HR policy states that one must work 12 months continuously to earn leave. So I am now being told that I am no longer eligible for vacation leave. Is this right after have worked for 13 years with unbroken service, I must take no pay leave if I want to go on vacation. The error I am told was done by the Human Resources Department and affects many workers. What recourse do I have, can't 13 years of service, be used in lieu of 12 months of continuous service?

    ReplyDelete
  34. My company told us if we did a tasks more than three times outside of your job description it then became part of our duty. is this true?

    ReplyDelete
  35. Is it lawful to exploit a workers responsibilities?? If a worker questions the company about a job description and the they refuse to provide one

    ReplyDelete
    Replies
    1. No employee's job duties are exhaustive; there must be specific duties.

      Delete
  36. Hi, Can an employee be fired for shouting at their supervisor and not following company policy, for example not depositing cash on a timely manner? Cash was found in a draw after 6 weeks of giving it to the employee. No warning letters were issued.

    ReplyDelete
    Replies
    1. That may fall under gross misconduct, depending on how serious the breach of policy really was.

      Delete
  37. I work for a private company for about 4 years now I have had no issues with anyone during the first 3 years. Recently i have been accused of relating companies business to employees, which is untrue. My supervisor hates me and I over heard her saying that she is going to get rid of me. She also told me that if she is uncomfortable in her department i will have to hit the door. I had a few unrecorded meetings , but no-one believes me that haven't been saying anything to anyone. I just had a meeting with the HR Manager and My Boss and Supervisor and an employee that I reported sent a report on me stating stuff that is not truth. No one believes me and now the HR Manager said that he is going to give me a Warning letter based on the unrecorded meetings, I know My supervisor want me fired she has the hearing of the boss . What can I do? I get all my work done but I really can afford to lose my Job.

    ReplyDelete
    Replies
    1. Well, to have a warning letter put on your file, there should be some kind of proof of the allegation. However, if it's just the letter for now, you could wait to see if anything else happens in the upcoming weeks/months.

      Delete
  38. Good day, before being issued a warning letter based on hear say by another person. Should My HR manage have a meeting with all parties giving me an opportunity to clear my name? Can they give me an warning letter just like that because they believe the other person? Isn't that discrimination ?

    ReplyDelete
  39. Is it fair for an employer to issue a final warning letter, although a first or second warning letter was not issued? The incident could have had serious implications due to neglect to follow procedures however did not, as the matter was resolved before such time.

    ReplyDelete
    Replies
    1. How could anything be final without something coming before?

      Delete
  40. Good day,
    I am writing this email because I don't know what else to do?
    I go to work everyday stressed thinking about what next are they going to say that I did. I cant sleep at night, I go to the bath room on work and cry because I get panic attacks. My supervisor makes things so uncomfortable she makes up so many lies about me and takes it to my bosses. They look at me with so much disdain for no reason. My duties has been changed because of her I I been given a warning letter. I do my work to the best of my ability and she always has a problem. I work in an establishment that is mostly Indians they are treated with so much more respect than we are. I need to know what I can do I have a mortgage to pay I am trying my best but I am scared for my life in the aspect that I my get my self ill because of the circumstances of my job. What should I do where can I go for help what do I need to do?

    ReplyDelete
    Replies
    1. For employment matters, you can contact me through:
      www.jbemploymentconsulting.com

      Delete
  41. Good day,
    My HR Manager just called me and informed me that I should not be recording conversation to protect myself. Is it legal for my supervisor to be digging in my bag reading my note book. Was my HR right for saying that?

    ReplyDelete
    Replies
    1. Well, no one should be digging in your bag, but I guess it depends on where you work. Some places do searches before you leave the compound.

      Delete
  42. Good day,
    A couple weeks ago I was accepted for a training program with a company for a seven weeks period. On the second day I was given a letter stating that I was successful in security background checks, references and pre-employment medical, hence the reason I was accepted. During the first two weeks these were now being done and on the third week, I was summoned to the HR department and asked to leave the training because something came up in the security background check. Nothing specific, not even a termination letter stating the reason! The initial letter stated that after the training assessment and evaluation, they will determine whether I would be given a one year contract with them. They also stated that we will be given a stipend for the training period. It has me quite upset and uneasy and I can't function properly! The other thing is I wasn't even given sufficient time to leave my last job and now it is difficult to get it back... Please, please, please, I really need some advice, what can/should I do?

    ReplyDelete
    Replies
    1. Find my e-mail address under "About me" and send me an e-mail.

      Delete
  43. Good day I just received a letter of dismissal citing poor performance. Since I began work, about 2 years I have never had 1 performance evaluation and have received no prior warnings in writing or otherwise. There have been some problems along the way, however these were verbally discussed, with no suggestions given with deadlines or otherwise.
    Would this be considered unfair dismissal and how do you suggest I proceed.

    Thank you

    ReplyDelete
    Replies
    1. Look under "About me" and send me a private e-mail please.

      Delete
  44. I was hired on the 4th January 2014 on a contract which ended on the 3rd September, 2014 for an on-going project. I was spoken too about my time keeping during this period. I was late approximately 39 times. They still kept me on after but did not give me a formal written contract. They did an appraisal on me in late November but the time keeping was an issue but everything else was perfect. On 10th January they told me they will not be renewing my contract because I was tardy a total of approx. 80 times. I was never written or no process was followed and at that time I crossed the 1 year mark can this be considered unfair dismissal

    ReplyDelete
    Replies
    1. Being tardy 80 times is ridiculous... and you seriously want to challenge this?

      Delete
  45. Hi,

    If I was late a total of 6 hours on 20 occasions over a 3 month period. And did not turn up to work for 12 days in the same period of time.

    Would this count as an automatically unfair dismissal related to working patterns & time?

    I received 3 letters, first warning, second warning and final letter, each 2 weeks apart.

    Thanks for your help…great blog!

    ReplyDelete
    Replies
    1. You got 3 warnings and wondering if you should be fired... of course you should be fired. That's ridiculous.

      Delete
  46. I emailed you, look forward to a response on my matters of concern.

    ReplyDelete
  47. Good evening i have been working at a contracting company for almost 3 yrs i believe that i was dismissed for complaining to the boss about working late hours without any kinda of incentive my regular working hours are from 7 am to 5 pm sometime all 8 pm I'm still working and when I complain about it the boss man does say to me if i don't like how he running his business get ah next job so stop complaining about it and then one day he told me that he Don't have any work for me right now and everyday the company is open for business that was 5 months ago i called him and ask him if he have any work for me yet he said he will think about it. In addition to that he told me I have to pay him back $1500 for NIS deductions that was not taken from my salary in a 6 months period that I don't know nothing about what can do in regards to the matter in question

    ReplyDelete
    Replies
    1. Send me an e-mail:
      contact at jbemploymentconsulting.com

      Delete
  48. Hi,

    A colleague (permanent employee) was dismissed from work with redundancy being sited as the reason.

    Pior to this someone was brought in to "assist" her and she was asked to show this person how to perform aspects of her job as well parts of her job specification were slowly subsumed by another department; she was asked to create databases cataloguing her clients and create daily records of her tasks.

    Whilst this was taking place, my colleague was given a new contract to sign which stipulated that she cannot for a period of time use any clients that she utilised at this job if she gains employment elsewhere; she signed this in good faith since she had no intention of seeking employment elsewhere and was under the impression that her job was secure. Upon signing this contract, in a matter of hours the letter of termination stating the redundancy was given to her.

    Would it be fair to say that my colleague was wrongfully dismissed or is the claim of redundancy valid? Also this employee has an ongoing case against the company in Industrial Court on another matter. This was actually mentioned when she was given her redundancy letter.

    ReplyDelete
    Replies
    1. Wrongful dismissal. Send me a private e-mail

      Delete
  49. Good day,

    My colleague was suspended today, because he was blamed for the lost of potential business with a major client. The reason the company gave is that he took a lengthy time to prepare quotes for the client and answer queries.

    In defence of my colleague, he was assigned additional works because the only mechanical engineer left, and he took on part of that person's responsibilities, which left him busy that he could not attend to all his commitments in a timely manner. The company is refusing to hire another mechanical engineer.

    He was not issued any warning ( verbal, written or electronic) prior to this incident.

    I fear that the company is downsizing, and will target other employees in a similar manner soon.

    Please advise if this is fair, or is the company justified.


    ReplyDelete
    Replies
    1. It's unfair. Send me a private e-mail.

      Delete
  50. I work for a small private seafood company and after finishing work one day this week, the boss/owner offered to take a few of us to 'knock back a few' as it was his birthday. We went to a business place in the area. After a few rounds and in conversation, I told the boss that I felt his employees did not care about anything or anybody. Persons are careless. The boss said he felt I was attacking him as it is his business place. He started to get rowdy and use obscene towards me (very obscene words).

    The boss was attacking me verbally cursing me about my mother. I decided to walk away and started to leave. The boss walked around three tables and followed me and despite telling the boss why he was cursing my mother, he continued hurling obscene words at me and started to point and push his hand in my face. My boss pushed his hand in my face and his body touched mine and with that, I got upset and slapped my boss . The other co-workers got in between us and I walked to the outside. The owner called the police.

    After this my boss told me I was fired and never to set foot in his business place. The boss repeatedly told me I was fired and to not return on his compound with obscene words in the sentence. The owner of the bar called the police whilst all of this was happening and told me he saw the whole thing and would let the police know this. Police came and interviewed me and told me to go home. The boss left before the police was finished with me.

    The day after, I called work and was told by the office staff that instructions were left at the security booth to not let me enter the compound and I should not come back to work. Two days later the office staff called and told me I was suspended and to collect my letter which would be ready by 2.30pm on that day. The letter was collected on 13 MArch and in it I was informed I am suspended with pay and am to write a report by March 16. I am suspended for misconduct and the description of the event indicates I hit our boss on the said day when he took us out for his birthday celebrations. Nothing was said about my boss' actions.

    There is no written employment contract, it is a private establishment and persons are interviewed and brought on. I have been working with the company continuously for about almost 13 years. It is not a unionised environment. I am uncertain what to do.
    Concerned.

    ReplyDelete
  51. Good night. I just need some information. A young lady came to work for us during the July-Aug 2014 vacation. However, when her contract was up she requested to continue working up until Jan 2015. during this time, a vacancy for a permanent position arose and she was chosen to fill it. before assuming the role she was sent home for two weeks. She started her new role on Feb 15, 2015. On Mar 16, 2015, after doing some checks, it turned out the young lady is only 17. This is clearly a huge oversight on HR's part. She was called to HR the next day and asked to sign a previously prepared resignation letter. An email was sent out to the Managers letting them know that the employee resigned for personal reasons.The employee had no idea what the meeting was about until she came to HR. It quite unfortunate what transpired but was the Company's ok?

    ReplyDelete
  52. good day I've been employed at since the 17th November, 2014 on a 6mths contract, it is only 4mths since I've been employed. I work in Hr/Payroll Dept. We were paying the 5th fortnight salary for the year and some of the employees were paid incentives, we were then paying the 6th fortnight salary for the year and the said incentive were paid again, so some of the employees were double paid incentives, the company was able to retrieve back some of the money but one guy left the jobs and my supervisor told me I would have to pay back the $850.00 that was not retrieved back because it was my fault that the incentive was double paid, my supervisor then made me do a memo in her wording that I would pay back the money, being distraught about the whole situation I foolishly signed the memo. I am still on probation and no one checks over my work for errors. Can they deduct the money from my salary seeing that I am on probation still. please advise really needs it.Thanks.

    ReplyDelete
    Replies
    1. Being on probation is irrelevant. You made an error. Human nature. Don't make it again.

      Delete
  53. Hey, do you have any sources for the information provided?

    ReplyDelete
  54. hi what is the name of the act/ legislation that provides for unfair dismissal ?

    ReplyDelete
    Replies
    1. The only thing that hints to that is the IRA.

      Delete
  55. What is my position on this matter? $10,000 went missing on work from my desk drawer, I forgot it open, only I have a key. Its not my job to collect payments but I do it from time to time to help out. Can I be forced to repay it or fired if I refuse?

    ReplyDelete
    Replies
    1. Thanks for the reply, Do we have anything in law here similar to this California law that protects employees in my situation?

      http://www.dir.ca.gov/dlse/faq_deductions.htm

      Q: If I break or damage company property or lose company money while performing my job, can my employer deduct the cost/loss from my wages?

      A: No, your employer cannot legally make such a deduction from your wages if, by reason of mistake or accident a cash shortage, breakage, or loss of company property/equipment occurs. The California courts have held that losses occurring without any fault on the part of the employee or that are merely the result of simple negligence are inevitable in almost any business operation and thus, the employer must bear such losses as a cost of doing business. For example, if you accidentally drop a tray of dishes, take a bad check, or have a customer walkout without paying a check, your employer cannot deduct the loss from your paycheck.

      Delete
    2. You're comparing breaking a plate, or receiving a bad cheque (unless you're a cheque expert) to losing $10,000. Tell me how you made that comparison.

      You had sole responsibility for a drawer... that was not "inevitable" in this situation.

      Delete
    3. Only just saw your reply, If you read the excerpt I think the comparison is straight forward. "{loses} that are merely the result of simple negligence are inevitable and thus etc etc..."

      Also, I was wondering. Even though you said I could be fired if I didn't repay it, can I be arrested, face criminal charges etc. In my case?

      Delete
    4. No. It doesn't seem malicious.

      Delete
  56. Hi, is it legal for a private company to now make it mandatory for their employees to wear uniforms and make the employees pay for them?

    ReplyDelete
  57. Policy can be change or added to organisation as they deem necessary. Uniform creates unity among employees and professionalism when dealing with public. Once given time to adjust yes they can.

    ReplyDelete
  58. Its a private company policy can be change or introduce as they deem necessary. Uniform is always a positive thing for any company. Once given enough time to adhere to yes they can

    ReplyDelete
  59. hi I worked in a hotel for 5 mths and due to a coworker telling untruths about me I was terminated without warning or even given a chance to be heard. the roster comes out on a Wednesday for the new work week on Thursday and my name wasn't on it. can this be so? I was told that because I didn't work for 6mths they could do it

    ReplyDelete
  60. Hi I'm currently employed at a private company for 6 years or more have never signed a contract or was never on a probation period only thing I have ever signed since working there thus far is the rules and regulations of the company, suspentionl letters transfer letters valid for a period of 1 week and late laters which we sign if you are a 1 minute late and more we have never been given copies of any well except our late letter sometimes even when we ask for copies we are never given. My point today is after working there for over that time they are now giving us contract to sign valid for 1 year which I am not comfortable signing now other workers are getting contracts who are now starting the job and based on performance there either break it or extend it especially when they become pregnant they break it. I want to know can they give us contract to sign over that lengthy period and more and if it is fair to break pregnant workers contract just because they are pregnant

    ReplyDelete
  61. I have been in a positon working for a private company for three years. I have excelled in my position, but recently there was a meeting held in which the head of the group indicated that she was moving me from my position into another position (different job description) and that i did not have a choice in the matter. I indicated to her that I did not agree. The allegations raised were because of favouritism that persons in the department viewed i was benefitting from and that was creating problems. She also indicated that my position was being upgraded and that she wanted to outsource for the post. Bearing in mind there are 15 other persons who hold the same job description as myself and also who i held seniority and performance evaluations higher than. I raised the matter with or internal grieviance channel and no resolution was resolved as they indicated to me that there is no longer any vacancy although no position has been advertised. The group head is now victimizing me. Can i have a lawyer letter/ peraction forwarded to my emploer or will i be terminated for doing so.

    ReplyDelete
    Replies
    1. Union, not lawyer. contact us: https://www.facebook.com/ttworkersassociation/

      Delete
  62. i have been employed for 3 years with a private company, during these 3 years i have performed my utmost best which is evident in my Performance Appraisal. My manager has constantly made recommendations for my promotion, however it's always turned down by his superior. Just about 3 weeks ago i was given a directive that i will be transferred from my current position to another position.The position i am being transferred to is a demotion to me. i have expressed my concerns to HR however i can't seem to find redress. i was given a letter stating what my new position will be together with a job description, however this letter does not state my old position has become redundant. i have not signed of on this letter as yet. Also the position my manager has recommended for me is being given to another employee. i am of the belief that i'm being unfairly treated and opportunities are not being given fairly.

    What are the consequences if i do not sign off on the new JD

    Do i have a discrimination claim?

    do i have a constructive dismissal claim?

    ReplyDelete
  63. Hi can an employee cuss out a supervisor and be still allowed to work as normal

    ReplyDelete
  64. Hi. I was a permanent employee at a Geriatric Home. I was given two warning letters over my 2yrs working there. One for late coming and the other for an all alledged theft in which it was proven to be a genuine mistake. I was fired because it was alledged that I had abused a patient who was in my care and no evidence was presented. I was told at the meeting that they have sufficient evedence to prove the accusations but was never shown except for statements given by 2 employees. No concrete evidence was presented to prove accusations and I was given a dismissal letter. Do I have a case.

    ReplyDelete
  65. I am a non national working under the csme. I was employed with a company for the past 2 years as Warehouse Supervisor and today they called me in and fired me saying that I didn't log a shipment that came in, which they did not show me any proof or allowed me to defend myself. What do I do? There was no communication prior to this.

    ReplyDelete
  66. Is it LAW for an employer to fire an employee on the grounds of "last to come, first to go", due to economic problems?

    ReplyDelete
    Replies
    1. Not law... just "good industrial relations practice".

      Delete
  67. What is a possible defense for an employer who has rescinded a contract of employment based on government directive to freeze hiring 2 days before the employee assumes duty and the employee claims breach of contract/unfair dismissal?

    ReplyDelete
  68. Can an employee file for wrongful dismissal because they didn't receive a letter of dismissal for consuming alcohol on the job??

    ReplyDelete
  69. hi good day i have been employed with a private company and has been permanent for the past 5 years at this time there has been new management to which there are requesting that we now have to work on a 24 shift to which however our days fall and what hours are given we would have to work. presently i would mon-fri 8-4 when i was employed i came in on an 8hr mon-fri position since then i have moved to different positions to which i never received an official letter an nothing was signed. the company is saying that if we do not accept the hours an shift given they are not making our position redundant we would have to make a decision to leave or accept what ever is given does the company have a right to do so i urgently await a response as this is an urgent matter

    ReplyDelete
    Replies
    1. DO NOT RESIGN. Refuse the unilateral change to your contractual hours and let them make the decision to fire you. The company cannot push such drastic changes down the throats of employees.

      Delete
  70. from when to when does the employer owe u?. Example i was wrongfully fired may. But my contract would have been renewed on setember 28th.

    ReplyDelete
  71. Good day! I was employed with a small business for almost 2 years. I was fired from my job without a notice or reason,i am assuming it happened because I was seeking employment elsewhere looking for better working conditions. I told the boss and manager that I would give them one week notice when I am leaving, about a week after that I was fired on the spot. Is there anything I can do. I am overdue on my bills. it's been one month since I got fired.

    ReplyDelete
  72. Can an employee be on sick leave for over four months ( she provided leave)? what recourse does the company have?

    ReplyDelete
  73. Hi. I work for a private company and was given a letter today for a meeting tomorrow about a post I made on Facebook. In the post I did not mention the company name or boss name and spoke in third person (your instead of me). The letter states that I put the company in a negative light and I encouraged the comments made by others on the post. Please advise on what I should do.

    ReplyDelete
  74. my employer has served me with a warning latter for my late attendance today and the letter states that the issuance of 2 more letters will result in my termination. My issue is that my late arrival was due to my pregnancy symptoms and I was given no chance to explain myself even though I did previously explain my medical situation to my employer. Can I be terminated for theses reasons? How do ?I handle this situation if in future I am unable to arrive for work on time being i'm not well?

    ReplyDelete
    Replies
    1. Seems like you're being victimised due to your pregnancy. If you're fired in a situation like this, it would be a considered a wrongful dismissal.

      Delete
  75. Hello. I am currently on a one year leave of absence from my job which can be granted after three years continuous service. The T&C says that "when an employee resumes work the previous position held is not guaranteed". I indicated to my employer of my intention to return exactly upon expiration of the leave and they have stated that there is no position to return to. What are my options?

    ReplyDelete
    Replies
    1. That does not seem right. With any type of leave, the worker should have a genuine expectation to return to the same position or one similar.

      Delete

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