Appeal hearing over dismissal..all advice is gracefully appreciated..

[angel220]

Hi

 

I've been a member of middle management for a few months now and just recently my General Manager has neglected in allocating any managerial duties to me. The General Manager has never liked me and never wanted me in the Management Team to begin with. But he didn't have much of a choice because I had passed all the relevant exams.

 

One afternoon as I was sitting in the Manager's Office (which is normally shared by all Managers), he walked into the room and asked me to leave the office. I wasn't in anyone's way since the office was empty. I told him that I was a member of the Management Team and I didn't see anything wrong in being there. He refused to acknowledge what I had said and asked me to leave the office again. So I did. And on my way out I accused him of discrimination (which I am sure everyone overhead since I just shouted this as I was walking by his office; he has a separate office room). I went over to the staff room and when everyone asked me about what had happened I told them.

 

Momentarily the GM came in and suspended me from work. I was accused of rudeness to management & gross insubordination. And at the disciplinary hearing my services were terminated. My appeal hearing is coming up next week. Before this incident I had complained to HR and Head Office about the GM and his conduct about 6 months before this incident took place. And he wanted to get even in someway. The person who terminated me just happens to be a close mate of the GM. The GM had previously tried to get him to do my Managerial Assessment exam. At the time I was suspicious as to why he was insisting on one person to do the exams when there were so many others just as qualified to do it with. When asked he told me that the person that he was trying to get hold of owes him a favour. I immediately knew what the favour was. Fortunately since I was adamant to have my exam done as originally scheduled he had to get someone else for the assessment.

 

Do you think I stand a chance at the appeal hearing? And what sort of defense do you think I should use?

 

In terms of references I know that the company normally uses a standard form to reply to all inquiries. I have known of incidents where the company had refused to give a reference but haven't heard of any incidents related to bad references. I had been told that it is illegal to give out a bad reference anyway. And yet, I was somewhere in this forum about how a 'gross misconduct' can affect future prospects and references for many years. Is this possible?

 

All help is gracefully appreciated. Thanks ever so much.

 

Jake

[elpulpo]

How long were you emplloyed by this company?

have you had any prior warnings regarding your conduct?

You say you accused him of discrimination and shouted something? Can you remenber exactly what you said?

[angel220]

I just shouted out "This is discrimination" as I was walking by. I have had a verbal warning about a year ago for lateness. Nothing else. And I have been with the company for 12 years and had never received any disciplinarians except for the one mentioned above.

[elpulpo]

Well I can't see how that amounts to an act of gross misconduct.

If you'd been abusive, used expletives or used threatening language ('I'm gonna edit punch you!') it would be a different matter.

There was simply no clear material detriment to the company by your actions.

GM is such actions as theft, assault, subjecting others to discrimination or harrassment-actions nothing short of criminal which cost the company.

 

Don't know what anyone else thinks?

Edited October 31, 2009 by IdaInFife
edited for by passing swear filter

[deathbycrayons]

Try to get the people you spoke to immediately after you were asked to leave the office, to give a statement and state exactly what you said.

[angel220]

I wish I had said something a bit more colourful but I have always been careful with what I say in the workplace unless its a joke and we both knew about it.

 

I obviously summarised the incident where the GM suspended me. Didn't see the point of writing everything here. According to the witness statements the GM had called me to come to his office to talk about it. I never heard that because I was trying to read a book during my short lunch break. You see, my GM is more of a person who tells people what to do but never is open to a two way dialog. Very much a manchild sort of personality. So when he came into the staff room, I just said "I don't have time for this" assuming that he was going give me more grief over the incident. A small conversation did take place in the staff room, but it was brief and none of what was conversed there was even taken into account. There are 3 witness statements though. He was trying to reason his actions but I kept on reminding him that I am part of the Management Team. He never acknowledged this but rather said if you are not going to stop arguing you can go home. By this time I had stopped talking to him. I was trying to keep quiet but he kept on trying to provoke me. I didn't know that he was suspending me, so I picked up the book and started walking off. Yes I did say I'll go home. All I ever said in my defense here is that I reminded him a number of times that I was part of the Management Team.

The witness statements didn't mention anything about what happened in the Managers room which is where the GM claiming to have grounds for an act of gross misconduct. That's why I didn't mention it before.

 

Basically I just wanna get through the next phase for now which is the appeal hearing. Since I have been subjected to this sort of thing, I would really appreciate some advice on what I should say.

 

Cheers.

Jake

[elpulpo]

Do you have the minutes of the disciplinary hearing?

Were you accompanied at the meeting?

What size is the company? Do you know who will be hearing the appeal?

[angel220]

They followed all the procedures. I have the minutes from the disciplinary hearing and I wasn't accompanied because I didn't wish to be. It's a FTSE 250 company. It's going to be 2 of the Area Managers holding the hearing. They are the same 2 people who conducted the investigation for my grievance about a year ago against the same Manager. They basically said there wasn't enough proof to come to any conclusion.

[angel220]

I appreciate all the advice. But is there any immediate advice you can share with me that will perhaps help me with my appeal hearing tomorrow morning? Thanks again. God Bless!

[elpulpo]

1. Keep calm

2. Don't lose your temper

3. At the end of the meeting, if they've made notes, GET A COPY!

4. This is your appeal, so make it fit your agenda. Simply state what your arguement is.

If they ask a question, and it's relevant-answer it. Simply. If it's not relevant, state why and don't answer it.

If you ask a question, get an answer. Don't enter into arguement or debate. If they skirt round the issue, reiterate your original question.

5. Don't be drawn into coming to any conclusion. If they offer you something, say you need time to consider their offer. Equally, don't state what you intend to do next.

 

Hope it goes well.