If I wasn't told about a meeting which then focussed on disciplinary outcome and finished in then ...my name would be
Expert's Assistant chat
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.
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
Chris The Lawyer
10+ years of experience
41372 Satisfied customers
Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.
BackChris The Lawyer
41372 Satisfied customers
10+ years of experience
Chris The Lawyer
10+ years of experience
41372 Satisfied customers
Jessica
Consultant
116 Lawyers are online right now.
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
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.
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
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.
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
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.
Thanks again, have a safe night apols for the lateness.
Chris The Lawyer, Expert
I hope this gets sorted
Customer
Thanks
Chris The Lawyer, Expert
I hope this was useful
Ask a lawyer and get your legal questions answered.
See all Legal Questions
How it works
Ask for help, 24/7Ask for help, 24/7
Members enjoy round-the-clock access to 12,000+ verified Experts, including doctors, lawyers, tech support, mechanics, vets, home repair pros, more.
Expert will respond in minutesExpert will respond in minutes
After you reach out, we match you with an Expert who specializes in your situation. Talk, text, chat, whichever you prefer.
Save time & moneySave time & money
No scheduling hassles, missing time from work, or expensive consults.
A JustAnswer membership can save you significant time and money each month.
593 Verified lawyers, 10+ years of experienceDISCLAIMER: Answers from Experts on Askalawyeroncall.com are not substitutes for the advice of an attorney. Askalawyeroncall.com is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response as proposing specific action or addressing your specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances should be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on any information received from an Expert, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from independent, freelance Experts, who are not employed by Askalawyeroncall.com . The site and services are provided “as is”. To view the verified credentials of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
Explore law categories