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-   -   Unfair dismissal (https://www.askmehelpdesk.com/showthread.php?t=292894)

  • Dec 16, 2008, 02:03 PM
    mcjono
    Unfair dismissal
    I got dismissed two years ago for not following audit procedures. Exactly the same situation has arise in the company I got dismissed from but this person has just got a first warning. Can I contest this dismissal and do I have a case or is it too late?
  • Dec 16, 2008, 02:11 PM
    N0help4u

    Not only would it be too late if it were possible but most likely you were at will employment which means they can fire you for NO good reason and even NO reason.
  • Dec 16, 2008, 02:15 PM
    Fr_Chuck

    You can always contact the company and ask HR or management to review the decission. Most likely there were other under lying issues that lead to your punishment being one thing and someone else's another, in fact it may be a new manager, or new company rules.

    So no there is really nothing to do about it at this point. I have to say one isue worries me, after 2 years you follow what is happening in the company and believe to know why someone is fired ( that should not be public info) sounds like a real serious issue of needing to move on with your lfie.
  • Dec 16, 2008, 02:26 PM
    mcjono
    A lot of my family work for the company. I just didn't want to rock the boat for anyone when I got dismissed by appealing but now this has happened I just feel like it is favor to different people and it is the same manager who is involved now as was with mine.
  • Dec 16, 2008, 02:30 PM
    N0help4u

    The problem is like Fr_C said that there could have been underlying issues such as a manager didn't like you and was looking for an excuse to let you go. The other person may be perfect in their eyes therefore making whatever he did an insignificant matter as far as they are concerned. You could have appealed it back then but most likely it wouldn't have changed anything anyway.
  • Dec 16, 2008, 02:36 PM
    mcjono
    Thank you both. I'm not one to dwell on the past this has just brought up old feelings wanted some answers and I have got them will leave it to lie now and get on. Thanks:)
  • Dec 16, 2008, 09:44 PM
    SedLex
    Quote:

    Originally Posted by mcjono View Post
    I got dismissed two years ago for not following audit procedures. Exactly the same situation has arise in the company I got dismissed from but this person has just got a first warning. Can I contest this dismissal and do I have a case or is it too late?

    If I were you I'll just forget about it. If you have any rights to question your dismissal you are already estopped from doing so since its already two years since you were terminated from your former job.

    If you think you have a chance of making a claim, then consult an employment attorney.
  • Dec 17, 2008, 08:23 AM
    JudyKayTee
    Quote:

    Originally Posted by SedLex View Post
    If I were you I'll just forget about it. If you have any rights to question your dismissal you are already estopped from doing so since its already two years since you were terminated from your former job.

    If you think you have a chance of making a claim, then consult an employment attorney.



    What is the time frame within which this type of claim has to be filed?

    And I agree - it's employment at will so there's no case here.

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