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Buachaill
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 10536
Experience:  Barrister 17 years experience
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My employer dismissed me in disciplinary way because of

Customer Question

1.My employer dismissed me in disciplinary way because of language in the email to the director, it wasn't any vulgar language, just words: manipulation, lying, forcing me to sign etc. I never got any warnings, never missed one work day (I worked with this company 2 years and 1 month as a security officer). During investigation I apologized for words which could hurt the director, but I was dismissed anyway.

2. As a second reason for dismiss me the company used the record of appraisal meeting made by me. I recorded this meeting with 2 reasons:

a) not good understanding English language

b) I felt unsafe in the workplace because of harassment by polish community (I am Polish too).

Company didn't help me in no one my official complain about this, the polish broke in to my beg, stolen my money (everything is on voice record - I reported this to Garda, but they cooperating with company and did nothing during 1,5 year - so I felt extrimly unsafe in the workplace, was very difficult to proof anything so I recorded every my step, even appraisal meeting. (Is many dangerous circumstances which lead me to record for preventing myself - plan to give me in work tablet rape, just one of my friend told me about this to prevent me (also I have recordings on which one of the polish worker is telling me about the plan against me). There is lot of bad things, I was uncomfortable worker for my employer, that's why they found any reason to dismiss me.

During investigation I submitted to the HR the audio record from appraisal to show that the manipulation and lying by director took place. Company had different interpretation of that conversation and they dismiissed me also with the reason of recording.

My case is in the Equality Tribunal. Before the claim to the Tribunal the Right Commissioner did not upheld my complaint and he wrote among other, that my "apologize was meaningless and language used in the email were shameful". The Commissioner even did not read the conversation from appraisal meeting which lead me to write this email to the director. hat's why I believe he had no idea why I used those words.

Now, with the disciplinary record I have very big problem to get any good job. I looking for solicitor which could help me in my query. Do you thing, that I have any chance to win the case?

And how should I defend myself?

Thank you for your time,

Agnieszka (Ireland)

Submitted: 2 years ago.
Category: Republic of Ireland Law
Expert:  taratill replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today.

taratill :

It is my view that you should appeal on the basis that the first reason was an insufficient reason, effectively you were dismissed for raising a grievance which is not a fair reason to dismiss and in addition you should appeal on the basis that the second reason amounts to direct discrimination on the basis of your nationality and race.

taratill :

You can then raise a claim in the employment tribunal. You will need to first engage the ACAS Early conciliation process. You will find details of this service at www.acas.org.uk/earlyconciliation

taratill :

Your employer should not dismiss you for this reason.

Customer :

But the email send to director wasn't named as an "Official complaint" and HR treated this as a private email, not as a grievance. That was email to the director but also I put the separate official complain which was not upheld by the HR. After submitting an official complain the company even did not ask me for meeting, just they based on the statement from director and other manager which accompanied during the appraisal meeting. hat circumstances are changing my situation

Customer :

? Please answer if still the employer should not dismiss me in the disciplinary way.

Customer :

Thank you.

taratill :

Hi I note you are in southern Ireland so am opting out for someone else to assist you.

Expert:  Buachaill replied 2 years ago.
1. At the outset, you are better to base your case upon two grounds which I am unsure you have properly raised so far. Firstly, your claim should be for unfair dismissal, not discrimination based upon nationality. Secondly, it should also raise the issue of bullying, as you were bullied in your job. The case for unfair dismissal should be that you were dismissed without any warning for raising the issue of bullying in your workplace. This is because under the Equal Status Act, an employer is liable to an employee for any bullying by any member of staff including the employer. Any dismissal where there is bullying is unlawful and the employee is entitled to their job back. Here, you were clearly bullied by other staff members. The employer had a duty to resolve this complaint to your satisfaction and not dismiss you. Additionally, it is very hard to make out a case of discrimination based on nationality where the other workers were also Polish. Irish courts and tribunals don't like assertions of nationality discrimination unless they are clearly made out. This might be why the Rights Commissioner did not decide in your favour but clearly took the side of the employer. Accordingly, I would advise you to appeal to the Equality Tribunal the decision made but highlight the bullying issues and not the discrimination based on nationality issues.
Customer: replied 2 years ago.

Hi Buachail,

Thank you for your wide answer, but I believe that you did not understand my issue. I was dismiss for email to the director and for audio record made during my appraisal meeting - I recorded because I was bullied. Please come back to my first email, I think there is good explanation in.

Also there you can find that I appealed already to the Equality Tribunal from the decision of Right Commissioner who agree with the company that they had right to dismiss me. On 9th of December I have the Mediation which in my opinion doesn't make sense and will change nothing.

Please go back to my first email, and provide to me your opinion or based on low regulation if the company had the right to dismiss me if:

1. In the email to director (it wasn't with title of "Official complaint") I used the words describing his behaviour during appraisal meeting: manipulation, lying, forcing to sign ...

2. I recorded the appraisal meeting with director, because I was bullied from months in the workplace by polish community and company did not help me, (were hard to proof and I felt unsafe i the workplace - I recorded all days in the work, also the appraisal meeting as automaticly, also the reason was that I did not understand the English well). I submitted this recording to the HR when the problem about email raised - with hope it will explain my motivation to write the email with high emotions but wit no vulgar words.

I hope, that my first email with question and this one will highlight my issue fully.

Thank you for your time,

Kind Regards,

Agnieszka

Expert:  Buachaill replied 2 years ago.
2. YOu need to realise that using strong language in your email is not sufficient grounds on which to dismiss you. Very many people use words such as "lying" and "manipulate" and "forced to sign" and they don't lose their job. This is because they are a normal use of the language. Any dismissal on this basis would constitute unfair dismissal. Secondly, in law, any person is entitled to record their own conversations with another person. This includes recording an appraisal meeting. This is not unlawful conduct. As such, it cannot justify dismissal. So again, dismissal on these grounds would constitute unfair dismissal. So neither of the grounds stated as reasons for dismissal stand up in law. So for this reason you should appeal the decision of the Rights Commissioner.
Customer: replied 2 years ago.

Thank you for your answer. Could you also tell me, if it is truth that I need inform that persons that I am recording them?

Expert:  Buachaill replied 2 years ago.
3. No, you do not have to inform the other person to the conversation that you are recording your own conversation. So here, it was lawful for you to record your own appraisal meeting without telling the other person.
4. Please RATE the Answer when you are finished. This is necessary so that your Expert gets credit for the answer.
Customer: replied 2 years ago.

Could you sent me please the low regulation which says that I do not need to inform about recording ?

Expert:  Buachaill replied 2 years ago.
5. There is no legal regulation which lays down this principle. Rather it comes from the general common law relating to privacy and confidence. Statutory enactments are not widespread in this area.
Buachaill, Barrister
Satisfied Customers: 10536
Experience: Barrister 17 years experience
Buachaill and other Republic of Ireland Law Specialists are ready to help you
Customer: replied 2 years ago.

This will be probably my last question. I have no solicitor so for what amount of compensation I can expect?

Expert:  Buachaill replied 2 years ago.
6. Your compensation will be based upon your earnings in your job. Up to a maximum of two years loss of earnings can be granted. However, about six months is more usual.

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