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Old 10th June 2008, 17:13   #1 (permalink)
scu11y69
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Default dissmisal appeal

hi allhope to get a few views and some opions on this if any1 knows where i stand brief summary below

ok heres what happened last year in december i was arrested by police for (SUSPICION OF THEFT) i then went to work that night to be told i was suspended pending a inquirey .i returned to police in jan bailed again till feb when i returned in feb i was told there was no evidence to support the allegded theft and there would be nothink more to answer to. so now im thinking im going back to work.got a call from my boss who said come in for a chat when i got there i was told this is diserplinery hearing investagation .then i was asked questions to why i was arrested and was basic accused of theft from my work place .i then refused to answer any questions put to me without a union rep with me which was agreed by my boss. a 2nd interview was arragaged which i attended my union rep advised me to answer i cant remember to all questions put to me which i did .after this interview i was told i was to be accussed of gross missconduct.when i returned 3weeks later i was dissmissed and told my attitude and being uncopertive on prevoiuse occasions as well .
now i get in contact with some1 from dissmissal law no win no fee person
who deals with my appeal so 1st 3 months hes telling me i have a good case etc etc as no property was ever found in my possession or even REPORTED STOLEN by my employer next he tells me my case dont have enough merits to get a tribrenal and theres nothink more i can do that was 3wweks ago.
today i get a phone call from my employer human resourses saying that they only recived my appeal fax yestaday and that some 1 in manegment is looking into it i will hear within 2weeks.
thing is the appeal layer stated i have no case and that all paper work was sent etc etc so which must have been lies as the hr only recived it yestaday??????????
so where do i stand ?do i still have grounds for appeal?
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Old 11th June 2008, 12:17   #2 (permalink)
letshelp
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Default Re: dissmisal appeal

How did the Police get involved, if as you say, nothing was reported stolen?
Wilst no expert of HR, most companies I have worked for have a set amount of time for you to lodge an appeal agaisnt dismissal, usually anything between 3days and 2 weeks. Outside of that time I do not think they are obliged to consider an appeal, having said that, some companies will hear an appeal to show total fairness to the employee, which always puts them on good ground in the event of any subsequent tribunal.
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Old 11th June 2008, 21:40   #3 (permalink)
scu11y69
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Default Re: dissmisal appeal

nothink was never reported stolen .nothink was ever found in my possession however i was told that i can be sacked and the company can draw there own conclusions?
i did ask what exatly was stolen and from where and that i wanted time and dates and why wasnt it reported to the police .none of which was disclosed to me also i indicated that as 50 people work in my yard why was i the only person questioned because i was arrested with no evidence this doesnt indecate im guilty. there is 50 staff at my place of work none of which was even questioned .also like you say i did have 14 days to appeal which i did on day 1 from reciving my letter of dissmisal .hr have only just recived my fax 3months later i have recipt of fax so how does it take 3months for them to recive it can some1 post some links where i might be able to get some advice on this desicion

Last edited by scu11y69; 12th June 2008 at 15:50.
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Old 20th August 2008, 00:36   #4 (permalink)
Rooster-UK
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Default Re: dissmisal appeal

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Old 21st August 2008, 12:49   #5 (permalink)
mcjohnson
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Default Re: dissmisal appeal

There are a number of things tht vex me regarding this;
- I am still confused as to how the police became involved, if your company didn't contact them?
- In the disciplinary hearing, why were you reluctant to answer any of the company questions?
- If you appealed on day 1, why did you fax your appeal, and not post it? How did you manage to construct an argument for an appeal so quickly?
- You repeatedly stated that nothing was ever reported stolen, nor anything found in your possesion, but you've never actually said that you didn't steal anything?

If you could clarify the above it would be useful?
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