Wednesday, 19 June 2013

Victimisation and Grievance Procedure

Q: Email from Alana N. with 4 separate questions. This is question #3


A: Can the employee claim unfair dismissal for such a short period of employment at a company? There have been instances in which the employee is being side-lined (circumvented) and management have in instances been liaising with junior staff members instead of the employee who has responsibility for that department. Meetings are being conducted concerning projects that the employee has direct responsibility for and this employee is not included in the meetings. It has been drawn to the attention of the employee’s manager and is documented. How should the employee proceed to handle this situation?
Unfortunately, the qualification period for an employee to bring an unfair dismissal claim is 12 months. The employee has made the first key step, which is raising the matter with the Manager, but now it must be put into writing as an official grievance.  The employer should then arrange a meeting for facts to be presented, and then an appeal must be allowed, if necessary.

It does seem to be a prima facie case of victimisation, according to Section 6 of the Equal Opportunity Act 2000, which states that a person is victimised if he/she is treated less favourably than the employer would treat others under the same circumstances.

15 comments:

  1. I need to appeal to on a judgement,I won part of the case but the ruling on another part was lost as issue was presented incorrectly.What are the procedures to follow,it is regarding retirement payment.

    ReplyDelete
  2. I think this is very good for persons who cannot afford, thanks for legal aid. Jeffery ryce

    ReplyDelete
  3. Q. I am a senior mechanical technician at a state owned enterprise, I work as half of a two person team reporting to a foreman. Over the last eight years whenever the foreman was absent a foreman from the another crew assigned to an all daylight operation or another technician was sent to work on my shift to whom I then had to report.
    Consequently the space left vacant by the one being sent on the shift was filled by a technician who in many cases were equal or junior to me in classification. In other words the acting foreman position was being transferred to the daylight operation. Over the eight year period in question I was allowed to act foreman a total of seven weeks while my counterparts were made to act regularly. Promotions have now been made and I didn't qualify because I had not acted enough. Added to that I am the most qualified person in my section.

    1. Can I take up a case of victimisation under the equal opportunities act?

    2. As a member of a trade union can I seek redress at the high court without going through my grievance procedure?

    3. If the answer to 2 above is no, can I cease to be a member of the union and then take up my case as a civil suit?

    ReplyDelete
    Replies
    1. 1. Do you have proof that it was based on a specific characteristic like race?

      2. No

      3. Yes, but it's difficult

      Delete
  4. Salutations Sir. I am a permanent employee of a State enterprise, and have been thus for the past ten years. I was hired on the premise that my labour on a public holiday, would emolument twice the going rate of pay per man hour. I was therefore appalled, some days aback, to receive a discombobulated, apparently hastily drafted memorandum, fraught with grammatical inconsistencies, to the effect that:
    1) Receipt of double-time for work on a public holiday was not stipulated in the collective bargaining agreement betwixt my Employer and my Trade Union (an untruth-I investigated!)
    2) Receipt of an extra day's man hours (or payment in lieu of same) as statutorily mandated by Act of Parliament was understood by my Employer to be apparent administrative malfeasance. Subsequently, it was the held view, that as a Government employee, it lay to one's discretion, whether one would report for work on a public holiday, once rostered, and accept payment instead of one's allotted time-off (a 'fifth' day as it were) or opt not to report for work on that day, the tally of one's leave entitlements, not to be diminished by this selection.

    I suppose my questions are obvious: Is this legal? Is double time on a public holiday my statutory right as a State employee? Does it fall to my Employer's discretion?
    My Employer vaguely insinuated through the myriad of syntax faux pas in her memorandum that, should I exercise my assumed right to not work on a public holiday,
    I must submit a 'sick' leave form for that day. However it was so badly composed that it confused many members of my department, including it's most senior members. Your opinion on this matter and purveying of/referral to competent legal counsel in this regard would be tremendously appreciated.
    PS. My employer has taken to performing particular actions which I shan't discuss at this forum, but which I interpret as being hostile and oppressive. Perhaps you may enlighten me as to how to legally retaliate against such a posture of disparagement by them.

    Thanking you in advance.

    ReplyDelete
    Replies
    1. If the payment of double time on a public holiday is stipulated in your collective agreement, this is a straightforward matter. Go to your union and they should get this sorted. If they fail, as I suspect they will, come back to me and I will take up the matter.

      You keep referring to "State" as though they're governed by different laws. Laws in Trinidad and Tobago govern both public and private companies.

      Send me a private e-mail.

      Delete
  5. can a company fire or put a female employee after 6months probation on contract just because she is pregnant?

    ReplyDelete
    Replies
    1. Of course not! Send me a private e-mail.

      Delete
  6. Can an employer reassign u to a new work location without a one month notice in writing. Also if the employer wishes to relocate you further from home without your approval. Also even if letters of disapproval was given stating reason such as being a single parent of two an caring for a ill mom.

    ReplyDelete
    Replies
    1. Relocation for a valid reason? There's no required time frame as long as it's "reasonable"

      Delete
    2. What is a valid reason?, if the company is moving you further from home and completely not convenient to me. And the reason for moving me was completely made up by management themselves

      Delete
  7. Good Morning,
    I have two questions can an employer change an employees contract ending date to another day and also can employer force an employee to take her vacation leave when it is convenient to the employer and not caring about how the employee feels? I have an contract stating i am entitled to 2 weeks vacation leave. I did not state "2 consecutive weeks" and just like my other coworkers I would like to take one week and the other week later in the year but I feel victimized because he is forcing me to take my two weeks at once in comparison to other coworkers.

    ReplyDelete
  8. Good day i have a question. my boss sent me home because an acting supervisor and i had an issue because she told me i had to fill out a form i did already making it an issue i got angry and i was like give me the F@#king form to which i told her after that she was getting on disgusting because its lyk when she is running the shift she has to show her colors so she said that she is gonna report it to me boss so my boss called me in the nxt day and told her to speak and then she said that i called her f@#king disgusting and that how i was lyk give me the form so i told my boss that i never said she was f@#king disgusting i said give me the F@#king form but i did say she was disgusting to which she say that it never went down like that and he said that how i verbally abused her and that i throwed the obscene language at her and he is not going to allow that so he said that he going to send me home that day and he layed me off for one week my question is do you think that is victimisation? or was i totally wrong and if it was victimisation what actions should i tske take

    ReplyDelete
    Replies
    1. I honestly don't understand how anyone could write all of this in one paragraph and expect me to read it...

      Delete

“Knowledge, like air, is vital to life. Like air, no one should be denied it."