Dismissal gross misconduct

[joss20]

Hi Guys I am new

 

Please could someone point me in the right direction.

 

On Monday 4th Feb I was summarily dismissed from my job as I attended a christening the day before and when I went to work the following day my supervisor could still smell drink on me I was then asked to leave the premisies and a investigation would take place.

 

My employer collated their information which included 3 statements from collegues stating that I was still drunk on the morning after the christening. Yes I do admit that I had a drink or two but in the past I have gone into work much worse.

 

I have appealed to my employers decision and my appeal date is next week.

 

Anyone have any ideas or thoughts as to what I can say to defend myself?

 

I have been employed by this company for over 10 years.

 

Any advice please

[Emmzzi]

Not much... Being a repeat offender is no excuse. You do not seem to think you have done anything wrong?

[joss20]

Totally understand your reply emmzzi.

 

Yes I do know I have done something wrong as health & safety is a big issue here.

 

In my defence!! I do have a drink problem and my employer is aware of this. They know I am on medication for my drink problem I am also on anti depressants.

 

Do my employers have to take this into consideration?

[renegadeimp]

They can do, but if you turn up to work drunk, it doesnt give you the right to do it multiple times, as you already have. If you are drunk, stay at home. Especially if you have already been warned and have done it a few times before.

 

Chances are you are very unlikely to get your job back. You can always appeal, but you would need one hell of a good argument to put forward.

[joss20]

Thanks renegadeimp

 

No I haven't been warned regarding my drink problem only my absences, this is the first time my employers have disciplined me regarding me being drunk, sorry if I wasn't clear in my previous posts.

 

Because I have had a written warning regarding my absences I though I best go into work unless I would have put a days holiday in.

 

Thanks for your reply though.

[renegadeimp]

While your intentions may have been good, you still came into work under the influence of alcohol. You have already been warned, as you said, but you need to understand that they can take it from no warnings to instant dismissal for things like this.

 

As i said, you would need a much better argument than the one you were proposing, if your previous employer were to even consider giving you your job back. Perhaps seeing your doctor again, getting full notes, and maybe attending a rehab clinic might go in your favour, as it shows your ex-employer you are willing to, and indeed, already are trying to straighten up.

[joss20]

Thank you so much for your good advice there renegadeimp.

 

I shall go back to my doctors and ask for a referal to a clinic and request a letter to show my ex employers that I am willing to undergo any kind of treatment to get my life back on track.

 

Thanks again

[ericsbrother]

Your appeal route is that your employers knew about your problem but havent done anything to try and correct it previously. A lot can be said if they have or dont have alcohol policies at work, many employers do and they cover a lot of ground generally. What qualifications do your fellow employees have to say you were drunk? are they all doctors? The best your colleagues can really say is that you APPEARED to be incapable of performing your duties because of impairment due to alcohol but they cannot categorically say you were drunk. Without knowing what job you do it is difficult to say whether the impairment caused dereliction of duty, danger to yourself or others or a similar consequence that would result in grounds for automatic dismissal.

If I employed you you would be on a final written warning so perhaps your employers will consider going back a step and consider having an alcohol policy tomake sure there is a course of action to follow that is clearly understood by the workforce.

[renegadeimp]

Employers only need reasonable suspicion to instigate an investigation disciplinary case. If the person in question was slurring words, slow to react, acting as a danger to him/herself and others and/or employees can smell alcohol on them, thats more than enough to start proceedings. Coupled with multiple verbal warnings previously.

 

Also regarding employers trying to correct it previously, the employer has already issued multiple warnings. Basically they have been VERY leniant towards your previous judgements. There is nothing written that says an employer must get you to seek a doctor or AA/rehab. They can tell you its advisable, and indeed let you keep your job if you do, but going from the info we have so far, the verbal warnings already counted for this on the employers part.

 

As i said, the OP would be very lucky to win an appeal now, and all he/she can do is be very apologetic and prove to the employer that he/she is getting help. Remember, they have already given them multiple chances previously. Multiple meaning the OP has ( in the employers eyes) ignored all previous warnings and still came in.

 

I notice how the OP said :

Because I have had a written warning regarding my absences I though I best go into work unless I would have put a days holiday in.

 

The next step would have been a final warning, unless your absences were extreme. Especially if you someone cooberate the store. A simple disciplinary for a day off is INFINITELY easier to deal with than you actually coming into work under the influence of alcohol when you have already had multiple warnings previously for doing so.

[Emmzzi]

What future behaviour do you think your employer would find reasonable?

 

Are you prepared to meet that standard - no ifs buts or relapses?

 

You don't sound like you are ready to stop drinking yet - just to say that you are, if it will please your employer.

[joss20]

Thanks guys for your honesty I have taken all your opinions on board.

 

I am a cleaner and up till 6 months ago had a exemplary attendance and performance record and due to personal problems my drinking has got out of hand. Yes I am trying to address this by taking medication for my drinking and depression but I must take resonsability for my actions. I thought as it was a family christening I wouldn't take my medication and have a couple of drinks which lead to far too many drinks i am ashamed to say.

 

I can only go to this appeal and meaningfully be as remorseful as I can be.

[Emmzzi]

I don't think you have gone to the place where you acknolwedge you can't control drinking - not ever, not a little bit - and therefore have to stop completely. That is what is going to make your life better; not hanging on to a cleaning job.

 

As an employer "I am sorry" after your dismissal would not do much for me. "I have been for more treatment/ joined AA" etc right after the incident might have.

 

In honesty I am not sure it is employment advice you need at the moment, but I wish you luck.

[renegadeimp]

I'm in agreement with Emmzzi here. You say that you want to get your job back but you are doing NOTHING that any employer would consider in order to give it you back.

 

Read your posts from a third party perspective. You are just saying what you think they want to hear. The employer couldnt care less. As far as they are concerned, you are an alcoholic that they have given many chances to in order to get yourself sorted and back on track. There are probably dozens of other people lined up ready and waiting to take your place.

 

HOWEVER, any respectable employer ( which i think the one you are talking about very much are), would take into heavy consideration the fact that you are attending rehab or AA or a medical facility to get active help with your addiction. In most cases, if you can show you are indeed wanting to give it up and turn your life around, they would welcome you back with open arms and help you as much as possible.

 

Going by your info, the employer has already hinted towards this multiple times. Unfortunately they can't and won't force you to get the help you really need. I would even go as far as saying that you currently have no REAL intentions of stopping drinking.

 

I really hope you do get help and beat your addiction soon.

Edited February 12, 2013 by renegadeimp