Hello, I am pleased to be asked to assist you.
did you take a union rep with you to the disciplinary meeting with you?
request me when you are ready to chat about this
just caught you
I did not have a union rep, but did take in a colleague
some yes or no answers to cut to the chase
are you in a union
was a breach of trust and confidence part of the original complaint against you?
what was the allegation against you? no names or places cos this service is not confidential
that I rebooted the wrong computer server causing a 5 min outage, that I upgraded my test account without going through propoer channels of authorisation and that I received a call from a user (as I work on an IT helpdesk) to retreive some information and in doing this I saw conversations that other team members were having
3 allgeations in total
was the charge upheld or rejected
all 3 were upheld, the outcome was a final warning - i did not deny ever doing it, but no malice or harm was ever intended
ok how long is the final written warning on your record for
i think 2yrs, it was given yesterday
ok, the hospital disciplinary policy should give you the right of appeal, yes?
you need a copy of the policy and procedure
it should say that an appeal cannot impose a higher penalty
yes,but info I have under FOI act state that no appeals have ever been upheld - I have a copy and it does not say a higher penalty can be given
final written warning for 2 years is the worst penalty before dismissal
does it say that a higher penalty CANNOT be given
they now saw that because I saw the conversations of team members, they are concerned that the trust has gone ...
no it does not state a higher penalty can not be given
I am happy to leave at the final warning just to get it over with
how did you come across the conversations
the user called to ask if they were logged asits a system similar to MSN, I have permissions so checked the database - Never been asked to do it before so just searched line by line and as a result saw the conversations other people were having about me
the call was genuine, they just state once I saw other conversations I should have closed down app
thats a counsel fo perfection, any normal person would have read in
this is rediculous
and not common sense
details of what I saw have never been disclosed exceptto the head of HR to complain
you have succeeded in the disciplinary hearing and that is an end of the matter
if they want to consider the conversation matter then they need to initiate an investigation
see if a disciplinary charge can be formulated
well I wasnt sacked, so now is the shock that they say there might be a breakdown of trust so might not be able to go back
call a metting etc
I had no part in the conversations,
thay are not following a fair procedure if they allow this to influence there sanction on something that they say is worth a final written warning
1) join the union
2) ask for written confirmation as to why you remian on suspension
3) wait to see if they start a new set of proceddings from the begining
if they do not, and they chnage the 2 year warning to dismissal you will have a pretty good complaint to an employment tribunal for unfair dismissal
they have said the new investigation will only be to see if the worries about trust are valid enough to warrant that I cant rejoin the team
have they sent you a note of the final hearing which includes the chairs comments about breach of trust
what a rubbish appraoch
do they have to send me notes of the hearing and the reasons why they come to decision ?
well, i would appeal the sanction of 2 year written warning, just in case the new allegation tips the balance into dismissal
you have to stick up for yourself
have you any other written warnings prior to this
have other staff been treat in the same way for allegations 1,2 and 3?
no they have made an example of me due to personal thing with boss & her villa being cancelled + what I saw in the logs show they were chatting about me being off ill and that would come under breach of confidence
get your appeal in against sanction
they say that as I saw the logs by accessing them incorrectly then I cant use them - I did have access to them just that I shouldnt have read them
i think thats all I can advise you on for now,
all hearsay is admissible
ok thank you for you help and advice
documents obtained illegally are admissible in court if they are relevant to the issue
are you clear about what you should consider doing?
yes, firstly appeal then await the outcome of this new hearing
join the union
I should be grateful if you would press the accept button, and importantly, provide feedback
you n=knnow how to get me in future
the union is clear they will not help on an ongoing issue, only new items 1 month after joining - thus not joining before
you are under a 24 month final written warning
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).