Gross Misconduct

[mark7542]

Hi all,

 

I am after some advice on how to help my daughter, she has been found guilty of a gross misconduct charge, she works in a well known retail store, 6 hours on a Sunday. During a discount week she was shopping with her aunt and went to the store where she works. Her Aunt wanted to purchase some goods and the cashier suggested my daughter uses her staff discount card also (the transaction was authorized by a manager). A few weeks later my daughter was told she was being investigated, and subsequently given an 12 month final written warning for gross misconduct. She has just turned 18, never been in trouble and always punctual etc, and it seems like they want her to leave so that they can employ younger staff, cheaper (i may be looking in to it too deeply).

 

We are now able to appeal and would like some advice of how to approach it?

[citizenB]

I have relocated your thread to the Employment forums where I am sure you will receive advice soon.

 

Most of the advisors in this area have day jobs so will be around later in the day.

[renegadeimp]

Her Aunt wanted to purchase some goods and the cashier suggested my daughter uses her staff discount card also

 

Uses whose discount card? Your daughters or the cashiers?

 

A few weeks later my daughter was told she was being investigated, and subsequently given an 12 month final written warning for gross misconduct

 

A few weeks? Was there an investigation already happening? Why the long delay? Did your daughter call a representative to accompany her to the disciplinary meeting? Was she notified in advance? What happened to the manager who signed off the transaction ( ultimately HIS responsibility, NOT your daughters)? WHat happened with the cashier who processed the transaction?

 

 

There are a lot of unanswered questions here, and depending on the answers, you could have a solid base for an appeal. All we have right now is third hand info, when we need concrete facts to help you.

[fletch70]

Although many people do it there will be a clause in the contract that says who can and can not use the discount card. Breach of this will be gross misconduct and leave you liable to summary dismissal without notice. It seems your daughter has escaped that for whatever reason, I would think there were some mitigating circumstances.

If she works 6 hours a week she has little if no employment protection, I may not agree, it is just a fact

 

Renegade is correct that there should be procedures in place but to be honest as she still has her job I would chalk it down to experience and move on

[renegadeimp]

Normally i would agree fletch, but even that she only works 6 hours a week, the employer still has to follow rules and procedure and treat everyone fairly. If the other 2 people involved didnt recieve any action, and the disciplinary procedure wasnt followed, then she has a valid cause for an appeal. Now, whether she appeals is totally up to her.

 

But s you say fletch, if she is only working 6 hours a week, then its relatively easy to keep a low profile and just keep out of trouble. The problem lies in does she accept being accused of something that was out of her control and was suggested by another member of staff AND signed off by a manager?

[fletch70]

I firmly believe that rules should be followed be they in employment law, criminal law , financial agreements etc I think my views on that are well known.

 

My worry is that should this be fought then they may just cut their losses and get rid, also if the other employees refuse to comment on what happened to them there is nothing that can be done. data protection and all that.

 

Of course if there has been a breach of procedure an appeal on those grounds while admitting the mistake could work

[mark7542]

Many thanks for your responses,

 

in answer to renegade

- it was my daughters discount card.

- it was 4 weeks from the incident to the hearing, she was told of the investigation, and given the opportunity of a colleague to accompany

-she was given the details of the investigation and hearing in writing.

-no mention of a punishment for the manager, are they obliged to tell us? the cashier was punished but only a note on her file.

 

I have been going over this and often think, is it worth it, its only 6 hours. its the princple, she enjoys her little job and thinks they are making an example of her.

[renegadeimp]

If i said what i thought here, the mods would action my account. Ive ran into something similar before when i was a union rep. It really does look like a jobsworth manager singling her out and to make an example. However, for 6 hours a week, and less than 2 years service, Fletch is right. She would have little to no rights and could easily be dismissed. What i find concerning is that the manager signed it off and doesnt seem to have had anything done, yet the cashier has. Of course, disciplinaries are a personal matter between the company and the accused.

 

Can i ask who told you that the cashier had a note on the file?

 

 

if you wanted to appeal it, there is certainly a good basis to do so, but if i am 100% honest, i would follow fletchs advice. You could go down the appeal route, but remember, the punishment could also increase as well as decrease. It is up to your daughter if she really wants to appeal against it and risk dismissal.

[mark7542]

I didn't realize the punishment could get worse.

 

I think the question has been answered for me, this is the first time i have used a forum for anything, so thank you guys its been really beneficial.

 

I will have to think of another way to cause these people a headache and create a load of work for them:x

 

Thanks again

[renegadeimp]

Whenever you appeal a disciplinary the punishment can always increase as well as decrease in severity. Thats why you need to make 100% sure of any facts surrounding the case before you appeal.

[Emmzzi]

mark,

 

if they wanted to get rid and make an example of her, they would have. You are over thinking this and should be careful not to let your paranoia upset your daughter. Head down, model employee from now on, and it'll all blow over!

[fletch70]

I think that yes maybe they have made an example of her, however they have also potentially tied their own hands in future. They have to be seen to be consistent and as such they might have problems if they dismissed someone for the same offence with similar circumstances