CCMA and disputing a warning

ambroseg1 said:
Many seem to be missing that he has not even had so much as a talking to for 12 years of this conduct. And now this. it was acceptable for 12 years. CCMA will be on his side here.
Click to expand...

He's going to have to prove he did it for 12 years? I somehow doubt that'll go down well.
 
Did you go to school?

Since when can a first warning not also be a final warning? After all, a first cup of arsenic can be the final cup, a first child the final child, and your first jet crash your final jet crash.

Disputing on these ground should result in an instant dismissal. For irredeemable stupidity.
 
Was there any witnesses or can it be a case of he said, she said. You were drunk as f@ck. What happens if I claim you told me you'll double my salary? Then they'll want evidence.
 
R13... said:
but you can't lean on the fact that they've let other incidents slide.
Click to expand...

Just on this point, why couldn't I? It's created a precedent and an expectation of what's allowed at these events hasn't it?
Not saying OP has a case and I've no idea what was said or how it was said, but reckon CEO could also have handled it better - "Listen mate, you're drunk, go sleep it off before you say anything silly". Or he did say that and OP carried on regardless...
 
Crabby said:
Looking for some advice.

For the past 12 years, I have been going to our company year end function and getting rotten on the free booze available.

This past year, I was relatively 'well' behaved and didn't mix shots with beer and remained upright the whole event.

As per my norm every year, I have a chat with the company owner and have a few choice words I keep just for him as the list of unkept promises from the past 12 years grows.

This year, he (unfortunately for me) stayed sober the whole event and remembered it all.

I am now in the process of receiving a final written warning for my behaviour on the evening.

I have never received any warnings, verbal or written, so not sure how this constitutes my final one.

I have been drunk at every other year end function I've ever been to with this company. The reason I took it 'easier' this year was last year I was so pap I fell down the escalator and broke 3 of my ribs. I have never received so much as a talking to from management in the past and now all of a sudden this.

Anyone think this is something I can take to the CCMA for arbitration ?

Yes, I know I'm an immature **** and I am in the wrong and have been for the past 12 years, but the jump from nothing to final doesn't sit well with me.

Any advice ?
Click to expand...


where there any witnesses to you mouthing off to the boss?

I had a similar experience once with a boss, but he was clever and called me into a private room where he proceeded to call me names that I only ever heard in the army!! this caught me off guard - but I soon realised why we were in a private room and I told him where his fucing mother came from and his kark farking religion.

he just stormed out and we never spoke to each other ever again! he did try and fire me but I he was stupid as he recorded everything I did for 3 months in great detail including dates & times.

this was enough evidence for a victimisation case and as soon as my lawyer told him so he backed down and never tried to fire me again.
 
ambroseg1 said:
Many seem to be missing that he has not even had so much as a talking to for 12 years of this conduct. And now this. it was acceptable for 12 years. CCMA will be on his side here.
Click to expand...
Maybe on the grounds that they've allowed it in the past. Which means that they were ok with it so it can't suddenly be a problem now.
If i was the OP I would have tried to apologies my way out of it when they gave me the letter to sign.
 
ambroseg1 said:
And if they lied and denied, its all good. Because morals and ethics is a one way street right?
Click to expand...

I don't think they'll have to lie about anything... OP is not going to be able to paint a pretty picture of himself.
 
As someone previously stated, I don't think it's the drinking that is the reason for the warning but the words that was said and the manner in which it was said.

Our disciplinary code is a straight up hearing for serious disrespect and/or insolence. Normally though when the staff go down that road with me, I politely inform them who they are talking to.

If it was for the alcohol then ya, Employer is in the wrong since they never acted on it previously.
 
xrapidx said:
I don't think they'll have to lie about anything... OP is not going to be able to paint a pretty picture of himself.
Click to expand...

Because he got drunk at a party? Yeah, imbeciles at the CCMA will frown on that.
 
ambroseg1 said:
So 12 years of bitching to this guy and this is the year he decides final written warning? At a party, of all places, where you were drunk on alcohol provided by the employer. You will win at CCMA.

What did you say though?
Click to expand...

He will not win anything, cause he has lost nothing yet.
 
supersunbird said:
He will not win anything, cause he has lost nothing yet.
Click to expand...

Pretty sure he'll win a target
12514118-young-businessman-with-target-on-back-back-view.jpg
 
You must log in or register to reply here.
Back
Top
Sign up to the MyBroadband newsletter
X