Suspended without Pay

C

confused1

Guest
I don't know if this is the right place to post this but I really need legal advice on where I stand with my employers.

I'm 25 years of age and I'm working in a hotel for the past 10 months in a management position(I had been in my previous job for 5 years).

I'm never late, have slept in once (which can happen to anyone) Have never called in sick and get on very well with everyone in the hotel. I also work very hard and work long hours without extra pay.

On Sunday morning, I slept in (second time in this hotel) and when I woke and called the hotel I was verbally abused down the phone and told to come in to do the late shift.

Extremely upset at being spoken to the way I was etc, I decided not to go in that day, but told the girl on duty I would be in the following morning.

Two hours later, I was phoned by the manager on duty to be told that because of my "behavoiur", I was being suspended without pay for a week.

I did not display any bad "behaviour". I didn't shout at anyone, wasn't rude to anyone (I never am) and didn't behave in any way inappropriatly.

I accept what I did was somewhat wrong in not going into work that day, and had every intention on apologising on Monday morning to everyone it affected, however I am now faced with the possibility of loosing my job.

To be honest, I felt it was irrational behavoiur of the manager on duty, and that he spoke before he thought about what he was saying.

I have never been given any kind of warning (verbal or written), I don't mess about when it comes to my job. I take it seriously. I have a mortgage and bills to pay!

The Owner (who runs the hotel) is away on vacation and due back on Friday, and has no idea that this has happened and I have no doubt he is going to call me when he comes back.

I need to know legally where I stand with the suspension, and not being paid. From what I've been told, it's not legal but I need to be sure.

Many thanks

Confused
 
Re: Suspended without Pay???

Tell the Manager who spoke to you to put it in writing that you are suspended without pay stating the clause in your contract where this is possible. Document the phone call and sign it, hand it to the manager. Ask him to agree to its contents or amend where he feels necessary.

Check the terms and conditions of your contract. have they treated others in the hotel like this ? No manager has the right to verbally abuse anybody.

Tell him you will take it further unless you both agree that you were both wrong. It wont happen again, etc. Do you want to continue working in that environment. If he is reasonable, go for a tea/coffee/pint with him,sort out the grievances and get back to work with a clean slate.

I am not taking sides, but you have a responsibility to turn up for work. By just not showing up after sleeping in, is not on. Others have to cover for you, which is not fair.

If it was me, I would consider saying that you will forego the pay for that Sunday. Presuming you want to keep your job and not impact future working relationships,promotions or references etc.
 
Re: Suspended without Pay???

The reaction of your manager was way over the top. I would be very surprised if his actions are legal. If you allow this to stand it will set an unacceptable precedent; you will have given your manager cart blanch to bully you with total disregard to the law.
Your actions were not very professional but there is absolutely no excuse for his behaviour.
 
Re: Suspended without Pay???

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Employers are supposed to abide by the Code of Practice described above which includes ensuring that employess are made aware of it.

You can assess from the Code whether your employer has behaved correctly.
 
Re: Suspended without Pay???

They are absolutely wrong in what they did to you. Suspension without pay is a serious form of disciplinary action. Prior to taking such action, they should have given you an opportunity to give your side of the story. Tell them that you have sought advice on the matter and that if they refuse to pay you for the week, you will take a case to the Labour Relations Commission under the Industrial Relations Act 1969. What you did or didn't do is irrelevant. Under the laws of this country - they are the ones in the wrong.

Tell them also that you want a contract of employment if you do not have one. You are entitled to such a contract under the Terms of Employment (Information) Act. If you are not given such a contract tell them that you will also take a case to the Labour Relations Commission for this - you would be awarded 4 weeks pay for this.

Finally tell them that under the Organsiation of working time act 1997, you are only allowed to work 48 hours. If they continue to get you to work in excess of this, you will also take a case under this act.
 
Re: Suspended without Pay???

I don't want to take sides either but not turning up for work like you did was definitely not on but on the other hand dismissal would be quite harsh too.

You will probably have to go through a hearing at some stage; if you are in an union, have the rep attend also. What should happen is that you will receive a warning with view to your future conduct and if in 6-12 months (this depends on your employer) you had no more infringements, the slate would be cleaned; you really will have to keep your nose clean in that time.

They would really find it hard to legally dismiss you without proving a poor track record (I don't think one prior offence will be enough somehow); gross misconduct is the only time where you really can be dismissed without any priors. Also if you are re-instated, you should receive pay for the time you were off (though I am not certain on this)
 
confused1 said:
I'm 25 years of age and I'm working in a hotel for the past 10 months in a management position(I had been in my previous job for 5 years).
Click to expand...
This industry is rife with such abuse and I don't just mean the suspension, but also the expectation that you work long hours and weekends without additional payment, contracts not being issued, etc.

My advice would be to get out of the hotel business while you are still young enough to do so.
 
You can seek legal advice http://www.flac.ie

No Terms and Conditions can supercede the legal obligation of companies to follow proper procedures with regard to disiplinary guidelines.


Contact the thread back with an update.
 
Many thanks for all your replies,

I met the owner over the weekend for coffee to put forth "my Side" of the story, whilst I accepted that I was wrong to do what I did, I could not accept was the way in which it was dealt with.

He agreed that it was entirely the fault of the manager on duty, and the manager in question was seriously reprimanded, and I was basically begged to come back. He let me know I was a valued member of the management "team".

While I was happy that he blames the manager Personally, I still feel unsatisfied, as, having to walk back into the hotel when you feel like people are talking about you behind your back is extremely uncomfortable. Also the duty manager in question is not speaking to me, like i wronged him!!

I agree that the hotel business is full of "rife", and after working in the industry for the past 7 years, some of the things I have seen are unbelieveable... bad pay, unfair dismissals, docked pay for breaks, no contracts, unfortunatly I love the industry, but not the hotel I work in.

Therefore my decision has been is to return, if only for the sake of a paycheck, and try to find something else somewhere else in the new year.

Thanks Again

Confused

(ps.. I got paid for the week without question)
 
Result.


I think the Upper Management done all you could expect, and as for Duty Manager, he got a kick up the This post will be deleted if not edited to remove bad language, and is acting like a kid . I would be delighted by his reaction !!

The pay issue you raise is nothing to do with this incident, if you think you are underpaid, leave because you are underpaid , not cause you believe people are talking about you
 
and hopefully you've also learned a lesson from this - if people are relying on you you shouldn't let them down...
 
If you are getting verbally abused by a superior , confused actions were understandable .

Whats the view like from up there ??
 
dont know anything about the hotel industry - but im sure its pressurised - i always see ads in the paper ! juggling staff must be a real pain with absenteeism .... your in a managment position with 7 years in the business - when you did woke up, why didnt you get into gear and get straight into work , get stuck in ? ... having been asked to come in for a late shift...you told a "girl on duty" you wouldnt be in !!!
i assume this alone would pi** off any manager !

who is supposed to be calling the shots ?

Personally i think your lucky - i wouldnt agree with suspension by any means....but if you have a managerial position and you decide what shift youll do ...then to get your job back + pay . fair play !
i think if i was the owner ...and its hard to get staff ....id take you back, apologise etc. etc.
 
"Therefore my decision has been is to return, if only for the sake of a paycheck, and try to find something else somewhere else in the new year"

I wonder is the owner thinking quietly along the same lines(getting someone reliable) ?. I would if I was the owner.
 
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