It’s six months from the date of an alleged offence in which to submit a complaint to the WRC. The OP’s story relates to events that occurred over a year ago so there may no scope for referral to the WRC.
Redress / constructive dismissal after grievance?
- Thread starter messyleo
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It’s six months from the date of an alleged offence in which to submit a complaint to the WRC. The OP’s story relates to events that occurred over a year ago so there may no scope for referral to the WRC.
It sounds as if you have already been to hell and back, so maybe not thinking as clearly as you normally would with regard to the 3 avenues that you mention above, which sound costly.
As mentioned earlier in the thread I've seen quite a number of people say on AAM over the years that if they had their time over they would not go ahead with their constructive dismissal case. It was far too stressful and costly and they regretted it.
It is widely thought that it is far easier to get a job if you are presently working. Some fields at the moment are hard to get jobs in.
Going legal is most likely going to cost a lot of money
Thanks folks.
Noodler is correct - I have not made any formal complaint myself yet so perhaps this is an avenue to look into, but I need to consider how to best approach it and frame my position
What do I want? To stay in my job without fear of this happening again, and being honest, some kind of justice. Easier to move jobs and I know it's the rational choice, but I am in fintech and jobs are only going one way in tech at the moment and its not up
Much to ponder.
Noodler is correct - I have not made any formal complaint myself yet so perhaps this is an avenue to look into, but I need to consider how to best approach it and frame my position
What do I want? To stay in my job without fear of this happening again, and being honest, some kind of justice. Easier to move jobs and I know it's the rational choice, but I am in fintech and jobs are only going one way in tech at the moment and its not up
Much to ponder.
BoscoTalking
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2 things for the OP that come to mind.
I agree that a formal complaint is not the way to go, particularly in this climate. The company would most likely pay you off and let you leave. And that’s not what you say you want. Lodging a grievance without knowing what you want and what the worse that can happen to you is a risky move. Stopping this happening again won’t happen by lodging a complaint but by shoring up your vulnerabilities and becoming a brilliant employee with lots of allies in the team and dept.
Decide what it is that would make you happy and then decide is that realistic. Leaving always seems like the last resort but when you talk to on others who made the jump it can be the the start of the next (better) chapter of your life!
And personally ied say forget looking for Justice - you won’t be offered it. (No justice in law and less in corporate)
If you do intend to stay, the learn to play the corporate game - and look at things from their lens;
If Tracey was totally in the wrong why is she still here - why wasn’t she encouraged €€ to leave? Sometimes they keep someone who is more use/ value so why would they have have kept such a difficult employee? What summary of the events will your next manager read and how will that look? Could you be made to look difficult, worth too much to keep if you keep on with this when HR have closed the case?
Finally if you left or were laid off in 5 years to go somewhere else what will you have gained and how difficult will it be to start afresh in another setting then?
I agree that a formal complaint is not the way to go, particularly in this climate. The company would most likely pay you off and let you leave. And that’s not what you say you want. Lodging a grievance without knowing what you want and what the worse that can happen to you is a risky move. Stopping this happening again won’t happen by lodging a complaint but by shoring up your vulnerabilities and becoming a brilliant employee with lots of allies in the team and dept.
Decide what it is that would make you happy and then decide is that realistic. Leaving always seems like the last resort but when you talk to on others who made the jump it can be the the start of the next (better) chapter of your life!
And personally ied say forget looking for Justice - you won’t be offered it. (No justice in law and less in corporate)
If you do intend to stay, the learn to play the corporate game - and look at things from their lens;
If Tracey was totally in the wrong why is she still here - why wasn’t she encouraged €€ to leave? Sometimes they keep someone who is more use/ value so why would they have have kept such a difficult employee? What summary of the events will your next manager read and how will that look? Could you be made to look difficult, worth too much to keep if you keep on with this when HR have closed the case?
Finally if you left or were laid off in 5 years to go somewhere else what will you have gained and how difficult will it be to start afresh in another setting then?
Noodler
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We don't know enough specifics about the OPs situation, but sometimes discouraging people from making a complaint and "keeping their head down" really isn't the way to go. I have a fairly visceral response on reading this sort of advice, because it's a commonly held belief that often works against people. Where is the line here? To use a crude example, if we were talking about sexual harassment, would the advice be the same?
Sometimes, being a brilliant employee doesn't matter (and might be the reason someone is being targeted in the first place). Allies can provide cold comfort, and unwittingly make things worse, particularly in a fear-based workplace where everyone is looking after their own interests. These things are really complicated and there is no one-size-fits-all solution.
I do agree that when you make a formal complaint against your employer, it is usually the point of no return. You should expect to be leaving your job - the goal should be to do so on favourable terms. While you may want things to go back to the way they were, you also need to consider whether it is realistically possible to change your situation though other means. One trust is broken, it can be extremely difficult to build it back. And if the workplace culture is deeply dysfunctional, you probably won't be able to fix it.
I agree that people should manage their expectations of "justice" in these situations. I wouldn't say that there is "no justice", but that it is not achieved in the form of people becoming enlightened or realising the error of their ways. It is achieved through financial compensation or in the case of criminal misconduct, more severe forms of punishment. It is undeniably risky to attempt to achieve such justice, but it is possible. It's a very personal decision. Only the OP knows the full facts of their situation.
OP one thing that's really important, that probably hasn't been said enough here...you need to prioritise your health. If you need to take time off or see a therapist or whatever, do it. If you can ramp up your exercise and eat better, do it. You are probably on the verge of burnout (if not there already) and it is true that this can really distort your thinking. Everything might seem like the WOSRT THING EVER right now. Your mental health is the foundation that any action you take is built on. Even if you decide to start applying for other jobs, you may struggle with this if you are feeling emotionally exhausted.
Sometimes, being a brilliant employee doesn't matter (and might be the reason someone is being targeted in the first place). Allies can provide cold comfort, and unwittingly make things worse, particularly in a fear-based workplace where everyone is looking after their own interests. These things are really complicated and there is no one-size-fits-all solution.
I do agree that when you make a formal complaint against your employer, it is usually the point of no return. You should expect to be leaving your job - the goal should be to do so on favourable terms. While you may want things to go back to the way they were, you also need to consider whether it is realistically possible to change your situation though other means. One trust is broken, it can be extremely difficult to build it back. And if the workplace culture is deeply dysfunctional, you probably won't be able to fix it.
I agree that people should manage their expectations of "justice" in these situations. I wouldn't say that there is "no justice", but that it is not achieved in the form of people becoming enlightened or realising the error of their ways. It is achieved through financial compensation or in the case of criminal misconduct, more severe forms of punishment. It is undeniably risky to attempt to achieve such justice, but it is possible. It's a very personal decision. Only the OP knows the full facts of their situation.
OP one thing that's really important, that probably hasn't been said enough here...you need to prioritise your health. If you need to take time off or see a therapist or whatever, do it. If you can ramp up your exercise and eat better, do it. You are probably on the verge of burnout (if not there already) and it is true that this can really distort your thinking. Everything might seem like the WOSRT THING EVER right now. Your mental health is the foundation that any action you take is built on. Even if you decide to start applying for other jobs, you may struggle with this if you are feeling emotionally exhausted.
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Noodler
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I was thinking about this and it's a likely explanation. It is possible the employee is not being dealt with due to either a perception of value or a relationship (or both). If that's the case, then it's probably worth remembering that another way to play the corporate game is to leave for another company - and get a settlement on the way out.
BoscoTalking
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I agree. The problem is you won’t know the reason why it is left as it is and it would rattle around in your head and make you very paranoid and miserable if you can’t put it to one side and just accept it(quite normal ied say). So the option to leave and preserve your mental health is probably the soundest advice.
Creating a six month exit strategy for yourself is a first step - you won’t know your market value until you go looking and while fintech isn’t wonderful it’s not the worst business sector in Ireland right now. I don’t have any recommendations for a career coach but ied say a session or two with one might be beneficial to the OP.
Creating a six month exit strategy for yourself is a first step - you won’t know your market value until you go looking and while fintech isn’t wonderful it’s not the worst business sector in Ireland right now. I don’t have any recommendations for a career coach but ied say a session or two with one might be beneficial to the OP.
Wanted to update on this.
Hr gave me radio silence on Tracey and then said it wasn't a go-er. Tracey didn't want to move.
Decided to cut my losses and move it - life is too short. Off on two weeks hols and then starting a new job straight after. Good to move on, but still a bitter taste in my mouth about the whole thing and Tracey gets away with it but cest la vie. I am sure in 6 months it will all be ancient history.
Appreciate the advice folks, hope it is useful to somebody else
Hr gave me radio silence on Tracey and then said it wasn't a go-er. Tracey didn't want to move.
Decided to cut my losses and move it - life is too short. Off on two weeks hols and then starting a new job straight after. Good to move on, but still a bitter taste in my mouth about the whole thing and Tracey gets away with it but cest la vie. I am sure in 6 months it will all be ancient history.
Appreciate the advice folks, hope it is useful to somebody else
Leo, best of luck in your new job and make sure to relax and enjoy your hols in the meantime. Good idea to move on both physically and mentally as it is the healthiest option
