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Ask Buachaill Your Own Question
Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10431
Experience:  Barrister 17 years experience
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my employer gave me a written warning without a verbal warning

Resolved Question:

my employer gave me a written warning without a verbal warning what should i do im a bouncer and after the shift was over the manager took me to one side and was chattin me i said to him that there was not enough bouncers on the nite and he should have not have gotten in the middle of a row as it was my job as he did not have a licence as a bouncer and he did not like that and i know he does not like me anyway please help me as i do my gob to the t
Submitted: 5 years ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 5 years ago.

Buachaill :

1. Firstly, there is nothing in law which requires that a verbal warning about conduct has to be given before a written warning can be given. Accordingly, there is nothing wrong with the procedure adopted here. Secondly, there does appear to be a problem between yourself and your manager, with the actual basis for the written warning being given being bad in law. As the manager is not your employer, then you should seek to appeal this written warning on the basis of any internal appeal procedure which exists.

Buachaill :

2. At this juncture, if there is no internal appeals procedure, you should write yourself or else get a solicitor or your Union rep to write on your behalf to your employer and set out what you see as the wrongful basis for the written warning being given. Essentially, what you are doing here is twofold. Firstly, you are laying the basis for an action for wrongful dismissal if you receive another written warning as this would end your employment. Secondly, you are making clear that you have a grievance about the disciplinary procedure being adopted here and you are taking it up with your employer and giving him an opportunity to alter it regardless of the views of his manager.

Buachaill :

3. Thirdly, as it is unclear here as to whether the real issue is a personal issue with the manager or the employer not wishing the expense of hiring additional bouncer staff, you are giving both an opportunity to mend their ways before you take legal action on this matter if you loose your job.

Buachaill :

Please ACCEPT the Answer. I will remain available to answer any further queries you may have.

Customer:

i rejected the written warning and he suspended me and then they took my side of the story and his and i was called into work tonite to worr and recive an other letter id say its a writtin warning letter again and think it a bit harsh as i was saying the truth what should i do when i go to work i would have takeing a verbal warning

Buachaill :

4. You should go to work as normal tonight. Don't assume that there will be another written warning waiting for you tonight. Go and work and see what happens. Even if it is a written warning, it was important that you set out your side of the story. ULtimately you have to be true to yourself.

Customer:

if i take the written warning does that meen he could fire me at any time and if i take it it would look bad on my record for other jobs i never had this happen before

Buachaill :

5. Firstly, your written warning is never something which can be disclosed to any other employer, nor is it something which can be made public. Secondly, there has to be a minimum of two written warnings before you can be sacked. Accordingly, there would have to be some future serious breach of discipline.

Buachaill :

Please ACCEPT the Answer. I will remain available to answer any further queries you may have.

Customer:

so i should just accept it then also he was on about cutting some of my hours

Buachaill :

6. It is unlawful for an employer to unilaterally change your hours of work with agreement from you. Any alteration such as this can be taken to a Rights Commissioner and may form part of a claim for Unfair dismissal. If you can show this took place as a result of disciplinary issue, then you can sue for damages. However, unless you want to challenge the decision taken in realtion to the warning, on the basis of unfair procedures, I would accept the warning given. Unless you have union backing, I would not advise, on the grounds of costs, pursuing the legal route. You would very quickly find yourself out of pocket if you pursue lenghty legal proceedings.

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