pufferfishnz Posted August 12, 2011 Report Share Posted August 12, 2011 hi all when dealing with misconduct or serious misconduct you have to give written notice of meeting and reasons dont you? :dunno: Quote Link to comment Share on other sites More sharing options...
phoenix44 Posted August 12, 2011 Report Share Posted August 12, 2011 Serious misconduct? Nope. Instant dismissal. Quote Link to comment Share on other sites More sharing options...
ryanjury Posted August 12, 2011 Report Share Posted August 12, 2011 Serious misconduct? Nope. Instant dismissal. I would think if it it was serious and there was no doubt you were guilty (evidence etc) then it would be instant dismissal, but you would probably have had to be informed of what has happened and presented all evidence against you before being dismissed.. Quote Link to comment Share on other sites More sharing options...
pufferfishnz Posted August 12, 2011 Author Report Share Posted August 12, 2011 true, i have done a little research though. this isnt for me, although ive had to deal with this before i wanted to check what others thought. someone i know has been told that she has commited serious misconduct and has been called to a meeting. thats it. no further information. to me this is wrong? am i right? Quote Link to comment Share on other sites More sharing options...
ryanjury Posted August 12, 2011 Report Share Posted August 12, 2011 It does sound a bit weird.. I am not 100% on this stuff but I am pretty sure they have to tell you the reason for the meeting to allow you time to prepare yourself (or a defence) and I think that you are entitled to have a support person present as well? Quote Link to comment Share on other sites More sharing options...
livingart Posted August 12, 2011 Report Share Posted August 12, 2011 http://www.employmentrelations.co.nz/Our+Expertise/Helping+Employers/The+Employers+Guide+To+Employment+Relationships/Checklist+3.html Quote Link to comment Share on other sites More sharing options...
pufferfishnz Posted August 12, 2011 Author Report Share Posted August 12, 2011 yeah, she has been told to bring a support person along. pity i cant be there with her! we live 10 hours drive away from each other! livingart, thanks for the link Quote Link to comment Share on other sites More sharing options...
phoenix44 Posted August 12, 2011 Report Share Posted August 12, 2011 They will inform the person of what the misconduct was at the meeting. Serious misconduct will usually result in an instant dismissal. It is not the same thing as misconduct. Quote Link to comment Share on other sites More sharing options...
oO SKIPPY Oo Posted August 12, 2011 Report Share Posted August 12, 2011 i think this goes along the same lines as when i was made redundant from my last place - they said they wanted a meeting 24hrs later - and reading that link that livingart posted its about the same - tell the employee you want a meeting, and then tell them what its about in the meeting - sucks for the employee when you dont know what the heck the meeting is about !!! Quote Link to comment Share on other sites More sharing options...
pufferfishnz Posted August 12, 2011 Author Report Share Posted August 12, 2011 yeah, how on earth can you defend yourself if you dont know what its about! when i had to deal with this in my last job i had to give date/place/time/reason/evidence/chance to change meeting time if needed, all written in a letter for the employee. but in this case it hasnt happened. surely this isnt right. i honestly cant see how it is, if it is thats just stupid and unfair. esp for someone who has worked for a company for 8 years, gets bugger all pay rises, never complains ALWAYS does her job to the best of her ability, does extra hours, copes with all the new systems and things they throw at her and THIS is how they repay her? ARGH!!!!!!!!!!!!! :an!gry Quote Link to comment Share on other sites More sharing options...
ryanjury Posted August 12, 2011 Report Share Posted August 12, 2011 Just make sure she documents everything that has happened in case it results in dismissal and she decides she wants to take legal action against her.. Remember that a serious misconduct resulting in dismissal can be something as little as taking an 80c DVD like what happened recently.. http://www.rotoruadailypost.co.nz/local/news/era-sacking-of-dvd-man-justified/3962631/ Quote Link to comment Share on other sites More sharing options...
pufferfishnz Posted August 12, 2011 Author Report Share Posted August 12, 2011 yeah i know, even a pen is theft. as of now we still dont know why, but i am urging her to find out if she can. im sure she would remember if she did something serious. shes not a younger person so not as likely to do something like skip work for 4 days etc. so if she documents everything and it turns out that the dismissial (if that what it turns out to be) wasnt done right she can legal action? Quote Link to comment Share on other sites More sharing options...
#!CrunchBang Posted August 12, 2011 Report Share Posted August 12, 2011 http://www.era.govt.nz/ Quote Link to comment Share on other sites More sharing options...
oO SKIPPY Oo Posted August 12, 2011 Report Share Posted August 12, 2011 she could probably go to employment relations i guess - i tried to find out what my meeting was about but no one would tell me what it was - ended up ok because it as redundancy and i got a good payout but if they said to her its about misconduct or serious misconduct then that sucks when she doesn't know what it is that she has done. Quote Link to comment Share on other sites More sharing options...
pufferfishnz Posted August 12, 2011 Author Report Share Posted August 12, 2011 yeah and i cant for the life of me figure out what it could be. it could be a redundancy but id find that hard to believe as her job is pretty important and they are already running on minimum staff. its really an ass of a place to work, but shes stuck at it! Quote Link to comment Share on other sites More sharing options...
alanmin4304 Posted August 12, 2011 Report Share Posted August 12, 2011 She should make sure she records all that is said and done because she could challenge the dismissal if proceedures are not correct. Quote Link to comment Share on other sites More sharing options...
Bilbo Posted August 12, 2011 Report Share Posted August 12, 2011 esp for someone who has worked for a company for 8 years, gets bugger all pay rises, never complains ALWAYS does her job to the best of her ability, does extra hours, copes with all the new systems and things they throw at her and THIS is how they repay her? ARGH!!!!!!!!!!!!! :an!gry its really an ass of a place to work, but shes stuck at it! Sounds like she has complained to you ? I have a mate walked off-site when he came back from holiday because his out of office reply on email wasn't as funny as he thought it was and offended some people. It might be nothing or it could be a case of the company needing to survive in a tough environment? Also remember that many bosses monitor face-book and twitter accounts so it could be comments made on a social media site perhaps? (Adidas ) Quote Link to comment Share on other sites More sharing options...
yeh_buddy Posted August 12, 2011 Report Share Posted August 12, 2011 yeah and i cant for the life of me figure out what it could be. it could be a redundancy but id find that hard to believe as her job is pretty important and they are already running on minimum staff. its really an ass of a place to work, but shes stuck at it! Tell her to hire the services of an employment advocate, seriously, if not then the workplace may just walk all over her, but think twice if she brings an employment advocate. Especially if what they are doing is a bit suspect. My husband was put in a similar position and he hired a pitbull of an employment advocate and she did a great job of putting his employer in their place and he walked away with his job intact and I think a bit more respect from the employers as they now know he wont tolerate being treated like crap. Quote Link to comment Share on other sites More sharing options...
pufferfishnz Posted August 12, 2011 Author Report Share Posted August 12, 2011 bilbo - shes my mother and i have plenty of management experience so she has a right to complain to me and ask for advice! and she doesnt use facebook or twitter. shes good at her job and does not deserve this. we had a good talk last night and sorted a plan, but it still sucks Quote Link to comment Share on other sites More sharing options...
A-town... Posted August 13, 2011 Report Share Posted August 13, 2011 what company is it? I know your probably not going to say but worth a shot Quote Link to comment Share on other sites More sharing options...
pufferfishnz Posted August 13, 2011 Author Report Share Posted August 13, 2011 just a local, small business. not a big chain store. anyway its not good to name people or places can get you into all sorts of trouble! Quote Link to comment Share on other sites More sharing options...
Sophia Posted August 13, 2011 Report Share Posted August 13, 2011 if possible take a lawyer to the first meeting so they see the whole process and if necessary will find any loopholes or such like in order to create a strong case. I knew someone who was a little 'railroaded' shall we say and ended up with no job after doing something silly but not serious. He was lucky enough to have the services of an employment lawyer who had a better case than they did and he got his job back after about 3 months of meetings at the employment tribunal. Of course then he had to go back to working in the unfriendly environment but it solved his cashflow problem at least. All I know is it's a very tricky business, can be quite depressing and upsetting Quote Link to comment Share on other sites More sharing options...
jc254 Posted August 14, 2011 Report Share Posted August 14, 2011 id say take a lawyer or she could be walked over Quote Link to comment Share on other sites More sharing options...
jim r Posted August 14, 2011 Report Share Posted August 14, 2011 Have you tried the Citizens Advice ? Quote Link to comment Share on other sites More sharing options...
Caryl Posted August 14, 2011 Report Share Posted August 14, 2011 If she belongs to a union she should contact it. Quote Link to comment Share on other sites More sharing options...
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