Republic of Ireland Law
Ask a Republic of Ireland Law Question, Get an Answer ASAP!
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.
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.
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.
Please ACCEPT the Answer. I will remain available to answer any further queries you may have.
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
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.
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
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.
so i should just accept it then also he was on about cutting some of my hours
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).