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They have failed to address the fact I I have been bullied and victimised and I have no confidence in the company procedures. I have been off with stress for 6 weeks and am now on anti depressants. I had time limits to appeal but am trying to recover from my illness and the company did not offer any postponement due to my illness. The company has only contacted me to say they want to get a medical report so, I assume, they can follow the minimum legal requirement to give me my notice. What is the best option for me? To leave now on grounds of contructive dismissal or wait until they fire me and claim wrongful dismissal?

2007-07-24 22:59:39 · 8 answers · asked by rxh666 1 in Politics & Government Law & Ethics

I was given only 2 days notice to attend so was a little under prepared. I was unable to answer how I thought it should be resolved, so the meeting was postponed until the expiry of the doctors note and to allow time for me to advise how I thought it should be dealt with. They wrote to me 2 days later advising they would not be upholding the greivance even though we had not completed the hearing. They have not discussed the fact that I have been refused interview for promotion and not advertised the position, refused training, receive unequal treatment compared to my colleagues, victimised and bullied by my manager. No action has been taken against him and having wrote to me a day later dont seem to have investigated at all. I have been removed from company trainng and been the only member of around 100 not allowed to attend.

2007-07-24 23:48:34 · update #1

8 answers

Due process when not observed by the company is a legal ground to protest any administrative action that was unjustly meted under the labor laws.

2007-07-24 23:03:12 · answer #1 · answered by FRAGINAL, JTM 7 · 0 0

Need more info really. How did they bungle the grievance procedure....Because they haven't postponed is that the reason..... Any company can ask for a medical report this isn't to get you out of the business they have a duty of care to ensure an employees well being. They can also offer counselling if appropriate however they can only action this after a medical report has been received.....How do you know they are not dealing with the bullying and victimisation claim you are on the sick......It seems to me that you don't want to go back and looking for a money spinner along the way. You appear to be making to many assumptions a company would blow a claim for constructive dismissal out of the water with the comments you have placed here....so unless there is info to add that we don't know about my advice to you is follow the company process, within timescales and give the company a chance to resolve........

2007-07-24 23:20:10 · answer #2 · answered by valf 4 · 0 0

It seems to me that your Company is doing their own investigation into your Medical Records to find grounds of instability whether Mental or Physical. Keep in mind that Medical Records may or may not reflect the type of medication prescribed to you. The type of medication, dosage AND frequency you are taking it. Based on the "type" of prescription drug(s) you are on, they will also, investigate that as well, to determine if it impairs your judgment, hallucinations and so forth.

Aside from the Medical Reports, why would you want to leave or wait for them to fire you? If you believe that you are right, then, continue with your appeal, even if you have to refile another request. Make yourself be heard and put it on record.

2007-07-24 23:20:08 · answer #3 · answered by Smahteepanties 4 · 0 0

My partner put in a greivance against his nasty bullying ex boss - the company found in his boss's favour and my partner lost his job!

Thats how fair this system is.

2007-07-24 23:21:21 · answer #4 · answered by Anonymous · 0 0

join a union

2007-07-28 07:55:56 · answer #5 · answered by mary Huff 2 · 0 0

Contact EEOC IMMEDIATELY. The link is below!

2007-07-25 02:15:01 · answer #6 · answered by Faye Prudence 3 · 0 0

Which country boss?

2007-07-24 23:05:39 · answer #7 · answered by Yahoo! 3 · 0 0

Go back to work.

2007-07-24 23:05:28 · answer #8 · answered by regerugged 7 · 0 0

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