FabSwingers.com forum: Unfair dismissal

By (user no longer on site) OP
over a year ago

Hi all I'm looking for abit of advise please, I was let go from my job on Friday, I worked in an office with 1 lady she always comes in moaning and stuff and last year I put a comment on Facebook saying " I'd love to run and drop kick that lil fat cunt in the office " I never mentioned any names or the companys name but I was still let go, so I'm asking do I have a case for unfair dismissal? Any help is much appreciated

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By (user no longer on site)
over a year ago

I am not sure if a swinging site is the best place to get a legal advise...

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By (user no longer on site)
over a year ago

"Hi all I'm looking for abit of advise please, I was let go from my job on Friday, I worked in an office with 1 lady she always comes in moaning and stuff and last year I put a comment on Facebook saying " I'd love to run and drop kick that lil fat cunt in the office " I never mentioned any names or the companys name but I was still let go, so I'm asking do I have a case for unfair dismissal? Any help is much appreciated "

Of course u do. Christ almighty, you could have been referring to the tv show for all they knew...unless you admitted it on the record to them in your dismaissal meeting, in which case you might be shit out of luck

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By (user no longer on site)
over a year ago

You'd be laughed out of a solicitors office

Look up your company's policies, I'm sure you'll find a piece on social media. Employers tend to frown upon physical threats to co workers, named or not.

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By (user no longer on site)
over a year ago

Hard To Offer Advice When you Have 80 % of the Site blocked

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By (user no longer on site)
over a year ago

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By (user no longer on site)
over a year ago

"Hard To Offer Advice When you Have 80 % of the Site blocked "

Why do u need to access the profile to comment on the post?

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By (user no longer on site)
over a year ago

a solicitors office will yield you a decent accurate answer . Another lesson in being very careful what you say online. Take out your employment contract and have a read of any clauses therein which state the companys policy on matters of conduct and possible action occuring if the employee (you) are in breach . If the company can prove you are painting them in a bad light with your facebook comments , then they do indeed have grounds to dismiss you . Consult a solicitor with expertise in employment law as soon as possible .

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By *rutus83Man
over a year ago

naas

Ya you do have a case as you never said a name or named the company for all they know it could have bein someone else that you were on about. They have no evidence about who you wrote about

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By (user no longer on site)
over a year ago

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By (user no longer on site)
over a year ago

Most companies have a bit in the contract that means you dont have to do anything but bring the name of the company into disrepute.

This is why no one really talks on facebook anymore. You post something funny and people dont like it, they message you to say its funny or tell you later.

Basically they wont even have to prove it was a threat to someone in the company, just that the language and the threat portrayed the company which people know you work for in bad light.

But really it will all be in your contract.

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By (user no longer on site)
over a year ago

They was a case there not so long ago where a lady was sacked for making a comment about the boss.The firm were she worked was fined for letting her over the comment.

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By (user no longer on site) OP
over a year ago

I was never giving a Contract of employment either

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By (user no longer on site)
over a year ago

Most companies have a gross misconduct policy and social media is quite likely mentioned in it.

In what way do you think it's ok to talk about any human being in that way anyway? If you're pissed off say it in your own 4 walls and don't share it with everyone on Facebook.

I hope you learned your lesson. This is actually your own fault and not the company which sacked you.

I don't think you have a case for the labour court. Take ownership and grow up.

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By (user no longer on site)
over a year ago

"Most companies have a gross misconduct policy and social media is quite likely mentioned in it.

In what way do you think it's ok to talk about any human being in that way anyway? If you're pissed off say it in your own 4 walls and don't share it with everyone on Facebook.

I hope you learned your lesson. This is actually your own fault and not the company which sacked you.

I don't think you have a case for the labour court. Take ownership and grow up. "

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By *illow1972Man
over a year ago

Naas

Yes you can be fired immediately for comments made on social media.

Ask yourself if you would have posted that same comment in your local newspaper if you had the opportunity.

Sadly most people don't realise the consequences of posting on social media until its too late.

I'm sorry you lost your job.

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By *ovigalWoman
over a year ago

Dublin

Just sent you a message....

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By (user no longer on site)
over a year ago

"Most companies have a gross misconduct policy and social media is quite likely mentioned in it.

In what way do you think it's ok to talk about any human being in that way anyway? If you're pissed off say it in your own 4 walls and don't share it with everyone on Facebook.

I hope you learned your lesson. This is actually your own fault and not the company which sacked you.

I don't think you have a case for the labour court. Take ownership and grow up.

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By (user no longer on site)
over a year ago

"Most companies have a gross misconduct policy and social media is quite likely mentioned in it.

In what way do you think it's ok to talk about any human being in that way anyway? If you're pissed off say it in your own 4 walls and don't share it with everyone on Facebook.

I hope you learned your lesson. This is actually your own fault and not the company which sacked you.

I don't think you have a case for the labour court. Take ownership and grow up. "

Deny deny deny deny, unless youve already admitted it in your disciplinary meeting. Nevermind this taking ownership bollocks...this is your livelihood here. Yeah you were an idiot to do it, but if you can possibly lie your way out of it at all, then go and do it.

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By (user no longer on site)
over a year ago

You certainly have a case. Did they inform you of any forth coming investigation in writing? Did they ask you to sign a data protection exemption form? Did the comment happen more than 8 months ago? The statute of limitations only lasts for 8 months online. You can't be dismissed for making a personal opinion. Get on to Citezen advice about the issue. They'll point you in the right direction.

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By (user no longer on site)
over a year ago

Abuse your colleagues, deny it so you get compensation from the company.

Shaking my head here.

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By (user no longer on site)
over a year ago

"Abuse your colleagues, deny it so you get compensation from the company.

Shaking my head here. "

im more thinking with a view to getting reinstated...not claiming compensation

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By (user no longer on site)
over a year ago

"Abuse your colleagues, deny it so you get compensation from the company.

Shaking my head here. "

The question is not about establishing if the comment was abusive or not, but if the dismissal was legal or not. These are two separate things.

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By (user no longer on site) OP
over a year ago

On Wednesday @ going home time 5pm I got called into the office saying I was getting suspended for 2 days then Friday I got a phone call saying that they are letting me go, never signed anything and was never asked too either

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By (user no longer on site)
over a year ago

You should definitely consult a lawyer. It is for the company to prove that the dismissal was legally correct. However the layer will tell you were you stand in terms of your contract responsibilities, company policies and the Irish law.

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By (user no longer on site)
over a year ago

"On Wednesday @ going home time 5pm I got called into the office saying I was getting suspended for 2 days then Friday I got a phone call saying that they are letting me go, never signed anything and was never asked too either"

Just seek legal advice id say

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By *randub69Man
over a year ago

city

how has the atmosphere been between you two since you posted the comment.?

when did the company find out about the comment?

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By (user no longer on site)
over a year ago

"Abuse your colleagues, deny it so you get compensation from the company.

Shaking my head here.

The question is not about establishing if the comment was abusive or not, but if the dismissal was legal or not. These are two separate things."
being abusive and threatening is gross misconduct which warrants dismissal.

If the op is lucky the company didn't do their paper work right.

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By (user no longer on site) OP
over a year ago

I put the comment up in September last year and they only seen the comment this week then started the suspension and now the dismissal, they said they are letting me go on gross misconduct and a threatening behaviour & been abusive

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By (user no longer on site)
over a year ago

"I put the comment up in September last year and they only seen the comment this week then started the suspension and now the dismissal, they said they are letting me go on gross misconduct and a threatening behaviour & been abusive "

And they've every right to do so. Sorry but You're In the wrong here.

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By (user no longer on site)
over a year ago

did you not deny that it was referring to the person in question??

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By *randub69Man
over a year ago

city

sounds like they were looking for a reason to get rid of you...going back six months on your nosebook account.

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By *ovigalWoman
over a year ago

Dublin

[Removed by poster at 29/03/15 20:18:31]

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By *ovigalWoman
over a year ago

Dublin

There are, maybe this has changed, 33 pieces of legislation to protect the employee and only 1 to protect the employer!!

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By *ornytop1963Man
over a year ago

Wexford

"Most companies have a gross misconduct policy and social media is quite likely mentioned in it.

In what way do you think it's ok to talk about any human being in that way anyway? If you're pissed off say it in your own 4 walls and don't share it with everyone on Facebook.

Well said

I hope you learned your lesson. This is actually your own fault and not the company which sacked you.

I don't think you have a case for the labour court. Take ownership and grow up. "

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By *squaredCouple
over a year ago

Dublin/westmeath/kildare

You're place of employment can be on Facebook page so even not mentioning name makes no difference as you could have put employer on Facebook. Did they mention this as only incident or could there have been other potential incidents in writting or not, if yes then they are right repeated threatening behaviour making an inhospitable working environment for others.

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By (user no longer on site)
over a year ago

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By (user no longer on site)
over a year ago

Whatever about the Facebook comment , u may have a case if the process if dismissing u was flawed or they didn't abide by their own disciplinary process. U probably won't get ur job back but cud get a compensation payout....

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By (user no longer on site)
over a year ago

I'd love to run and drop kick that lil fat cunt in the office "

It's pretty clear wot you said

It's on your fb page

You can say things and then try to deny wot you said but when you write it its there you can't deny it

If I said that or thought like that I would stand by it no matter what

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By *rash_pandaMan
over a year ago

Dublin

[Removed by poster at 30/03/15 03:32:24]

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By (user no longer on site)
over a year ago

OP you clearly made an abusive comment on FB how would you feel if that comment was made about a family member? be it on your work pc or your phone (connected to their WiFi) which falls under their internet policy which like most are stricked so if that's your downfall live with it.

You say you never got a contract (paperwork) by law you have a right to "contract of employment",well ok you could fight it on that ground and seek unfair dismissal through not receiving it....go to court and possibly win..not a vast amount of money (which companies hate) but you will have to explain to your new employer and you do know most companies when hiring will do a detailed search of an intended employee so it will surface...New employer contacts old employer and legally an employer is not allowed to give a "bad" reference but may give a tainted on especially if money was awarded.

Tread carefully, and in future keep comments like that to yourself.

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