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Kasare
Kasare, Solicitor
Category: Law
Satisfied Customers: 1301
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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My son has been suspended from work after a

Resolved Question:

my son has been suspended from work for retaliating after a foreman humiliated,embarrassed and reduced him to tears in front of other workers with a tirade of bad language and menace this is not the first time it has happened to my son or other employees i work at the same company and have witnessed it my self.
Submitted: 2 years ago.
Category: Law
Expert:  Kasare replied 2 years ago.
Hi, welcome to Just Answer, I will try and help you with this.
Could you please advise what specifically you wish to know about this?
Also, could you explain in what way he retaliated and if he or others have ever made a complaint about this foreman?
Thanks
Customer: replied 2 years ago.

yes others have complained about him .my son kicked the foremans motor scooter causing minor damage.i would like to know how we stand

Customer: replied 2 years ago.

i wish to know how this matter is best dealt with.my son kicked the formans motor scooter causing minor damage ok service

Expert:  Kasare replied 2 years ago.
Hi Stephen
Did this happen in front of the foreman and at the time of the incident or later? If later, how long after the incident?
Has your son ever complained about him on the previous occasions?
Customer: replied 2 years ago.

the forman did not see my son kick the bike.the incident with the bike happened about 10 minutes after and yes he has complaind in the past

Expert:  Kasare replied 2 years ago.
Thank you,
I appreciate you are concerned about this matter and I am sorry to be asking so many questions but I want to ensure to have the full facts in order to answer you fully.
If your son did not kick the bike in front of the foreman, how was this found out? Did someone report this or did your son admit his actions?
Who suspended your son? When did this happen? Did your son receive a letter from his employers suspending him? If so, did it confirm the exact reason for this? Did the letter suggest that his employment could be terminated as a potential consequence, pending the investigation?
Did your son tell his employers of the reason for his conduct/action? How long has your son been employed by his employers? What is his record like prior to this incident? Clean?
Has your son got a copy of the employees handbook? does this deal with disciplinary procedures? does it define gross misconduct?
Customer: replied 2 years ago.

my son was reported to the foreman by another worker ,manager suspended my son on pay but no letter issued,yes my son did explain his behaviour and apologised and offered to pay for repairs to bike,my son has worked for 14 months.his record was spotless until this.yes he has got company rule book.

Customer: replied 2 years ago.

can we continue this tomorrow as i have to be up at 5am for work thanks for your help in this matter so far ,steve

Expert:  Kasare replied 2 years ago.
Hi Stephen
Essentially what your son has done is criminal damage. However, the fact that he has offered to pay for the damage he has caused should go some way to assist his case.
This can be considered gross misconduct by employers for which his employment could be terminated.
If/when he is called in for a meeting he should apologise, raise the circumstances surrounding this incident as mitigation, explain the situation whereby the foreman verbally abused him, embarrassed him, belittled him and treated him so unreasonably (this is bullying and victimisation), even after your son making a previous complaint about this persons conduct (and other employees), and his reaction was out of character and in the heat of the moment after suffering bullying at the hands of this man on several occasions.
He should raise he previous good conduct and exemplarary record.
I hope this assists you Stephen. If you have any further questions, please ask.
Kasare and other Law Specialists are ready to help you