rights commissioner

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Has any one got experience of a rights commissioner hearing, I am appealing the sentence of a disiplinary matter at work and wondered about the process at these hearings ect ect
 
There not a bad guide clubman, but even so I'd like to hear from someone who has had personal experience.
 
Fair enough - didn't realise you were specifically looking for first hand experience.
 
Have good experience with rights commisioner.The hearing was held in a hotel meeting room. No public present.I represented myself. The rights comissssioner gave a nice written report in my favour after about 5 weeks. He does try to mediate & come to a resonable agreement.Under whal leglisation do you prpopose taken your case under?
 
"Under what leglisation do you propopose taken your case under?"

I'm not sure exactly what you mean by that but basically at work I was censured for a deed that I did and admitted from the beginning once I was confronted about it, however for my crime they decided to relocate me to a different part of the plant along with a final written warning its also in effect demotion, just prior to all this happening a position was advertised internally which was mine in all but name only and this is really why they are keen to move me out of the way so as not to give me the job but that of course is unspoken, I'm appealing the harshness and severity of the sentence they inposed and would hope its commuted to a suspension instead.
 
!.ENT helpline is 1890201615. You may be entitled to take a case under The Industrial Relations Act but Im not sure. They will advise.
2. http://www.lrc.ie/index.html The labour court has a database that?s worth trawling through . A common claim in your case may be ?Management failed to follow the Code of Practice on Grievance and Disciplinary Procedures (S.I. 146 of 2000)?. Or? I was not allowed representation or the right of appeal.? Be sure to look up S.I. 146 of 2000 in the website.
3. One could also look at ones contract & terms of employment & the companies grievance procedures (if any).
4. You could be waiting up to 6 months to see a rights commissioner & a further 6 months if you appeal to Labour Court or EAT.
5. Always bear in mind that your employer may possibly come up with a reason to sack you anyhow & although you may win a case of unfair dismissal, the level of compensation may be low.
6. Best of Luck
 
Thanks for that, there's bound to be something in that for me, incidently my union rep is really keen to take the case to the right commisioner although I haven't really discussed the case in depth with him yet.
 
Any case may ultimately depend on whether you could reasonably have antcipated that the offence would warrant the punishment. This, of course, may be open to interpretation.

It may also be dangerous to claim you were overlooked for promotion as a consequence of your actions. There are numerous grounds for promoting people out of apparent sequence and the company could argue that you wouldn't have been promoted anyway.

Be cautious about seeking the views of your union rep. You may find yourself more exposed than he/she is likely to be.
 
The reason that the company claimed that I was been relocated for is because they say a "breach of trust occured" and as I work in a key position of responsibility ie the final stage before the product leave's for the customer. With hindsight they tried to do everything during the "trial" to show me up as an untrustworthy individual but I played everything straight down the line and would like to think that a neutral observer would see that I'm far from a loose cannon, and BTW while this case remains unresolved can they hire someone for the aforementioned position without interviewing me, I'm sure they can and will but what consequences do they risk if they do.
 
Unregistered said:
The reason that the company claimed that I was been relocated for is because they say a "breach of trust occured".
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Again, the question is whether you could reasonably have anticipated the punishment as a consequence of your actions in the event of you being caught. Or put another way, why SHOULDN'T the compaby have reacted as they did? Why are you surprised at their actions? These arethe questions you need to ask yourself in advance of any action.

I'm not trying to pass judgment here - I'm merely playing devil's advocate. If your case with the RC is to be successful, you would need to show that the punishment was either disproportionate to the offence OR that the specifics of the company's disciplinary procedure weren't made explicit in advance.

There may be no clear answers to these questions so it ultimately may fall to the judgement of the RC.

while this case remains unresolved can they hire someone for the aforementioned position without interviewing me, I'm sure they can and will but what consequences do they risk if they do.
Click to expand...

Again, on what basis do you believe they SHOULDN'T hire someone else. Could you reasonably staisfy the RC that the job was effectively yours? If you can, the company may be forced to give you a similar job on equal conditions and pay.

Without knowing the specifics, it's difficult to say whether you'd have a strong case or not. You might be better off seeking the of an employment law solicitor.
 
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