If I wasn't told about a meeting which then focussed on disciplinary outcome and finished in then ...my name would be

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Customer: If I wasn't told about a meeting which then focussed on disciplinary outcome and finished in then ...my name would be leaving under different terms was I not supposed to get told about this first and offered a support person prior to the meeting started.
JA: Was the disciplinary action discussed with a manager or HR? Or with a lawyer?
Customer: My manager and company HR manager
JA: Are you an "at will" employee? Do you belong to a union?
Customer: No individual contract but company requirement from my experience for me having to dismiss a person was that at every step the person had to be offered a support person even if they had turned down the first time.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: is my managers manager (a GM) allowed to walk into my office and state direct to my face " you don't have to be a "cbomb word" everyday.
Answered by Chris The Lawyer in 46 mins 1 year ago
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Chris The Lawyer
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Chris The Lawyer, Expert

Hi
I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read the question

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Chris The Lawyer, Expert

It is best practice to have a support person at such a meeting. If the meeting started as just a standard meeting but the changed to disciplinary, they should have stopped and offered you the chance to get a support person. The manager should not have sworn at you either

Customer
In my current position I am feeling they have forced me to seriously look for another role due to comments made in the meeting.
I am stressed to buggery about the whole thing and after advice from another GM he suggested I contact a lawyer with the notes I have taken to work out if I have a case for a PG. Its the last thing I would want to do but after expressions like "at the end of the Performance Improvement Plan it becomes disciplinary and then Lance leaves under different terms" "there would be limited support" all of this from what was supposed to be a visit to help set up and engagement plan for my team. Along with the *cbomb* comment my direct manager went off his lid at me for using the term people saying not people Lance I have a f..kng name to which I replied people covered three different people including my manager. This pushed me over the edge and apart from a lot of other crap being thrown at me it all but seems like they were aiming at a constructive dismissal and this had also been commented by a member of my staff.
Customer
prefer to keep on line chat for the tie being
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Chris The Lawyer, Expert

Constructive dismissal can be difficult to prove so I would be careful about leaving like that. But if they are disciplining you unfairly, you can still claim a personal grievance even though you are still there. You can raise the issues in the meeting, which appears to have been a difficult one. You may needto see a lawyer to help, but another alternative could be to negotiate an exit

Customer
From the info I have put thru do you think it is reasonable to put in a PG. I cant see any future with the current situation and other comments made form the GM I have been speaking to he said quite clearly company procedure was not follow as per employment requirements in regards ***** ***** cbomb comment, the leaves under different terms, limited support and no offer of support person.
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Chris The Lawyer, Expert

Is mediation possible do you think? Otherwise a personal grievance would be your next step

Customer
Not from what I see, it is quite a vendcitive set up and if I was to stay and get everything in place without the support (people would be putting up barriers to ensure it couldnt happen) it would be very uncomfortable as I have to deal with two of the three people daily, weekly and monthly and I have seen the outfall from one of my staff before I started working with the company
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Chris The Lawyer, Expert

Mediation can sometimes resolve these issues but otherwise you could use the personal grievance to leverage a better exit
Customer
Thanks for your help I think i will get policy and procedures and then my notes and sort out a lawyer to work on a PG. I cant carry on as is, the stress will put me in a wooden box.
Thanks again, have a safe night apols for the lateness.
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Chris The Lawyer, Expert

I hope this gets sorted
Customer
Thanks
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Chris The Lawyer, Expert

I hope this was useful

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