I pushed somebody at work and was suspended then sacked a week later for gross misconduct after investigation. I feel this is unfair as i only pushed someone out of the way and i feel assault is too harsh. I also feel i was sacked unfairly what can i do?
2007-01-25 00:49:57 · 17 answers · asked by munchieandmoon 2 in Politics & Government ➔ Law & Ethics
you push someone, you'r in the wrong. your sacked
2007-01-25 00:53:24 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Lots of questions here.
Unless you are under a contract you can probably be fired. Your employer will create a document that details this event that makes you sound like Atilla the Hun. Demand a copy.
Assault is a legal term in criminal law. In most states unless you caused injury there was no assault. I assume the police were not called. Did the "victim" go to the hospital or get medical attention?
If you are a woman, black, Asian, Indian etc. try the discrimination angle. If you really want your job back you HAVE to take action. Check the ACLU, local legal aid, Human Rights Commission if you have one and get a free consult from a lawyer. They all do it.
If the job sucked to begin with move on. But don't forget this will travel with you. When your next employer asks why you left your last job you must be honest. Try to fix this!!!
Remember, attitude is a choice. And don't push people!!
2007-01-25 00:57:14 · answer #2 · answered by Anonymous · 0⤊ 1⤋
Its not because you have broken the law that you have been sacked. You have been sacked because you have broken your contract of employment.
By law you have to have a contract of employment (if you have not you may have something to appeal against). All contracts today have a disciplinary procedure as part of the contract, will normally explain what is considered punishable under the disciplinary procedure, and will usually include 'gross misconduct'
Assault is considered gross misconduct and usually results in summary dismissal. If you have admitted to assaulting someone the company has no option but to sack you. You are in breech of your contract unfortunately, and you were sacked as soon as you admitted the assault..
2007-01-25 01:06:47 · answer #3 · answered by Corneilius 7 · 0⤊ 0⤋
Unfortunately,you were in the wrong. Common assault can be pushing, shoving, punches to head/body causing slight redness, no real pain. Your place of work has followed the rules with an investigation,for which they think you were at fault, they are therefore,at liberty to sack you.
2007-01-25 01:06:51 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Basically SOD ALL you committed an assault, you deserve all you got. It is gross misconduct were ever you work. If you had been pushed you wouldn't be asking this question. For once act like a man and take your punishment. I might make you think next time.
2007-01-25 00:59:57 · answer #5 · answered by Anonymous · 0⤊ 0⤋
If your employer determined that your action amounted to assault, then that can clearly be classified as gross misconduct, for which you can be dismissed without notice. For information, an assault is defined in common low as "any unwanted physical contact". It is not necessary for injury to result for it to be an assault.
In the UK It is possible however to appeal against the decision to dismiss. You should have been informed of your right to appeal when you were dismissed. You must appeal in writing as soon as possible.
You will have to give your grounds for appeal - for example, if you pushed them out of the way because they were harrassing you, or because you were afraid they were going to assault you.
It may not get you anywhere - most employers take any sort of physical intimidation in the workplace very seriously. If I were you, get looking for a new job and keep your hands to yourself next time.
2007-01-25 01:03:45 · answer #6 · answered by Anonymous · 1⤊ 1⤋
they won't be able to sack you to your newborn being sick - it is named "time without work for Dependents" and is a criminal right. you besides mght can't be sacked for taking maternity bypass away or taking annual bypass away which you're entitled to and has been agreed with the corporation. the only ingredient which you're able to be sakced for is ailment absence and thats frequently on condition that its seen "extreme". once you're a temp you have not have been given any rights in any respect. even nonetheless, once you're an eternal, decreased in length worker your words may well be precise on your settlement. ailment/absence technique may well be precise in there - frequently maximum agencies might supply you a verbal warning in the event that they felt your ailment absence became into extreme, observed by way of a written warning, observed by way of dismissal. you may basically be sacked instantaneous for gross misconduct (stealing, battling with yet another worker etc).
2016-12-12 19:54:46 · answer #7 · answered by degennaro 4 · 0⤊ 0⤋
I really don't see any options available to you! Because you initiated the "pushing" action instead of using a bit more common courtesy...you apparently violated your company's rules of conduct.
It's my truest belief that we all could do so much together as a whole if we'd just learn to be a bit more courteous and learn to verbally communicate with each other.
In the meantime...best wishes!
2007-01-25 00:54:23 · answer #8 · answered by KC V ™ 7 · 0⤊ 0⤋
Laying your hands on someone is assault . If it was horseplay it has no place at work if you were pushing someone because you thought they were in your way and should of moved thats using force and you have your answer.
2007-01-25 01:00:59 · answer #9 · answered by Lee 3 · 0⤊ 0⤋
You pushed somebody and got fired. End of story, violence in the workplace is not to be tolerated.
2007-01-25 01:35:35 · answer #10 · answered by mnwomen 7 · 0⤊ 0⤋