Likely outcome of Misconduct in work

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Brenno123

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Hi all. I'm in a situation in work where I will be investigated in work next week I was given notice today. I have been with the company for a year and half and have done good work at my role and generally get on well with everyone. Without giving too much away I was sending and receiving emails from a friend of mine talking about trying to buy a common class c drug for the following weekend. This was a complete one off, haven't taken any sort of drugs (including alcohol) in years. Was merely us being silly trying to relive out youth. We didnt even go through with in the end. I'm sure this will be classed as gross misconduct and most likely be dismissed?

They have also highlighted other parts of the email which relates to us having banter about the pros and cons of being single/in love etc. it reveals my sexuality but from reading it there is nothing pornographc or offensive about it at all.I'm unsure why they are highlighting this material.

So any advice how to approach them. Kinda want to run out of there with embarrassment but I was v happy there. Is there anyway back from this? Shud I start job hunting?
 
Actually nothing came of the above incident. Different scenario altogther. Different company
 
Brenno123 said:
Hi all. I'm in a situation in work where I will be investigated in work next week I was given notice today. I have been with the company for a year and half and have done good work at my role and generally get on well with everyone. Without giving too much away I was sending and receiving emails from a friend of mine talking about trying to buy a common class c drug for the following weekend. This was a complete one off, haven't taken any sort of drugs (including alcohol) in years. Was merely us being silly trying to relive out youth. We didnt even go through with in the end. I'm sure this will be classed as gross misconduct and most likely be dismissed?

They have also highlighted other parts of the email which relates to us having banter about the pros and cons of being single/in love etc. it reveals my sexuality but from reading it there is nothing pornographc or offensive about it at all.I'm unsure why they are highlighting this material.

So any advice how to approach them. Kinda want to run out of there with embarrassment but I was v happy there. Is there anyway back from this? Shud I start job hunting?
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What is the company policy regarding the usage of email and the monitoring of it?

Do you have a contract?

Are the rules regarding emails laid out?
 
Yeh clearly laid out . The standard, anything deemed offensive or inappropriate not allowed etc. I am on a fixed term contract that expires in 2 weeks. was most likely going to be made permanent but I'm guessing its our the window now. Real shame as I got on with boss and in the company generally
 
Brenno123 said:
Yeh clearly laid out . The standard, anything deemed offensive or inappropriate not allowed etc. I am on a fixed term contract that expires in 2 weeks. was most likely going to be made permanent but I'm guessing its our the window now. Real shame as I got on with boss and in the company generally
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Have you ever been disciplined before? Any warnings?
 
No never. Have only ever done good work there. Never late or sick etc and fairly well praised in past
 
Brenno123 said:
No never. Have only ever done good work there. Never late or sick etc and fairly well praised in past
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It would seem like a disproportionate response to dismiss you in my opinion.

I would advise you to check out the Data Protection Act for more information. It states here that:


"The following points need to be addressed by data controllers:

the legitimate interests of the employer - to process personal data that is necessary for the normal development of the employment relationship and the business operation - justify certain limitations to the privacy of individuals at the workplace. However, these interests cannot take precedence over the principles of data protection, including the requirement for transparency, fair and lawful processing of data and the need to ensure that any encroachment on an employee's privacy is fair and proportionate. A worker can always object to processing on the grounds that it is causing or likely to cause substantial damage or distress to an individual.
monitoring, including employees' email or internet usage, surveillance by camera, video cameras or location data must comply with the transparency requirements of data protection law. Staff must be informed of the existence of the surveillance, and also the purposes for which personal data are to be processed. If CCTV cameras are in operation, and public access is allowed, a notice to that effect should be displayed. Any monitoring must be carried out in the least intrusive way possible. Only in exceptional circumstances associated with a criminal investigation, and in consultation with the Gardai, should resort be made to covert surveillance
monitoring and surveillance whether in terms of email use, internet use, video cameras or location data are subject to data protection requirements. Any monitoring must be a proportionate response by an employer to the risk he or she faces taking into account the legitimate privacy and other interests of workers.at a very minimum, staff should be aware of what the employer is collecting on them (directly or from other sources). Staff have a right of access to their data under section 4 of the Data Protection Acts.
any personal data processed in the course of monitoring must be adequate, relevant and not excessive and not retained for longer than necessary for the purpose for which the monitoring is justified."

Does your friend work at the same company? If not then does your email inform them that all emails are monitored by the company?

They are obliged to do that if they monitor all emails.

There are lots of rules regarding your right to privacy and companies must have guidelines set in place with that in mind.
 
Thanks for all the advice commonsense. I know they do state their emails are
Monitored etc, not so sure of Havin a message at end of emails. Don't think so. My friend works at a different company
 
Brenno123 said:
Thanks for all the advice commonsense. I know they do state their emails are
Monitored etc, not so sure of Havin a message at end of emails. Don't think so. My friend works at a different company
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I have to say that I find it a little coincidental that this has happened so close to becoming permanent.
 
Well the emails were only sent last week. I really think it is just bad timing on my part, the permanent job exists. Someone else will be hired if I'm not and was gettin on well there. I'd just b happy if
They let me work till the end of the contract and at least b able to still get a good reference from my boss that I had a good relationship with. As it turns out I have been offered to do another contract with a past employer of mine so at least I'd have work to go to. hopefully they will at least accommodate me ending naturally and on good terms. Don't ye just hate the corporate world ! I'm so over it it's depressing!
 
Brenno123 said:
Well the emails were only sent last week. I really think it is just bad timing on my part, the permanent job exists. Someone else will be hired if I'm not and was gettin on well there. I'd just b happy if
They let me work till the end of the contract and at least b able to still get a good reference from my boss that I had a good relationship with. As it turns out I have been offered to do another contract with a past employer of mine so at least I'd have work to go to. hopefully they will at least accommodate me ending naturally and on good terms. Don't ye just hate the corporate world ! I'm so over it it's depressing!
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Well good luck anyway!
 
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