unfair dismissal? abuse at work? next steps?

maxol

Registered User
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119
Hi any advice would be great!

A few weeks back there was an incident in my workplace. Was working with a non national. My colleague was in another room. A supervisor later appeared and tried to sneak in on my colleague while indicating to me I should stay quiet. I said quite loudly 'don't try make me complicit'. He continued on to the room with my colleague and a very vociferous argument ensued. My only inputwas to tell both parties to calm down. The supervisor
Made a statement to me about having had issues with my colleague in the past.

When he left my colleague was upset and explained he'd been abused by this supervisor before, racially. Other staff membersof non national status have made similar claims.

Anyways I was then asked to attend a meeting in head office, on my own freetime, so they could hear all sides even thoughthe incident did not directly involve me. I went along, stated everything exactly as it happened and all was grand!

A week later I got a call asking would I attend again, inmyown free time, as the issue was unresolved between the 2 parties. I went along.

The tone was totally different and firstly I was interviewed in privatethen my colleague. We were then interviewed together and without pause the interviewr said let's take 5 mins while yu consider your stories. I said I don't. Red anytime my story is the brief accurate description if what I witnessed that night. The interviewer responded by saying, you are both liars!! I was outraged and stood up to leave. I said how dare you call me a liar. I was told to sit down and I refused. I indicated that if this issue was to continue I wanted 3rd party arbitration and was told in no uncertain terms that would not happen so I left the room and went home (I was in my own free time)

I called later to get my schedule and was told that I had been summarily dismissed and can expect a letter in the post! Needless to say I was shocked.

I have looked and it would appear that since my request fir neutral mediation/arbitration has been rejected that my next recourse should be to a rights commissioner? Is this what you would recommend?

I should mention I'm a shift worker and the person working with me at any given time is a relative stranger so it's not like it's 2 friends defending each other or anything I simply told the incident as it occured.

What can I do?

Thank you.
 
Re: unfair dismissal? abust at work? next steps?

"A supervisor later appeared and tried to sneak in on my colleague while indicating to me I should stay quiet. I said quite loudly 'don't try make me complicit'. "

A supervisor is perfectly entitled to 'sneak in' and he is perfectly entitled to ask you not to disturb his sneaky approach. This is not complicity, it is taking direction from a supervisor.

But, that said, it does not seem that you have been fairly treated. Consult your union rep or solicitor asap.
 
Re: unfair dismissal? abust at work? next steps?

No he is supposed to radio ahead so as not to cause alarm. We're talking middle of the night deserted building here
 
As this situation continues I was advised by a solicitor to send a registered letter to the firm requesting an appeal hearing. I done this and to date have had no communications in writing from them. I have 3 missed calls then today. Voicemail saying I missed an appointment and unless I show up at noon tomorr they will consider my appeal ended.

Am I wrong to think and insist that all communications should be put in writing?? And I certainly was not made aware of an so called appointment.
 
Do not ignore the call, call them in the morning, advise that you are unable to attend due to short-notice (are you taking a representative along) and suggest a couple of alternative dates. Follow this up in writing to your employer and again send this by registered post
 
Thank you. I was planning on taking someone along though not a solicitor as I was advised to seek the appeal before I engage her services. This was solicitors own advice.

I just assumed they should have been communicating in writing.

I will call tomorr. I have bern offered a no in no fee 30% deal and while I'll like the assurance of having costs off my mind during the process I am fnding it hard to in down an easy to deal with solicitor in this field.
 
They should communicate in writing. Normally a minimum of 48 hours notice is given. You can use this as part of any furture 3rd party representations as an example of the employer not acting "fair and reasonable".

Thats the problem with "no win, no fee"
 
I'm terrified of ending up in a situation of having huge legal fees.

Thank you for being so helpful
 
remember time limits apply for referring your case to a rights commisioner, you must notify the rights commisioner within six months from date of dismissal.