1. I can't believe all of this drama has been going on without me being aware of it. What an entertaining read I've had today!
2. Where do I send my application for a job with your DH?! I would be stoked to have a job like that, and with such a generous boss!
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14-01-2016 17:36 #111
14-01-2016 18:08 #112
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14-01-2016 18:11 #113
Even if it is gross misconduct, make sure she is offered a support person, presented with the allegations and given an opportunity to respond. When an unfair discrimination case goes to court, the judge will often rule that the reason for the termination was justified however the process that was followed was not fair if they weren't given the chance to respond to the allegations.
14-01-2016 18:16 #114
JR03 that's a really good point and I'll bring it up with DH so that he does everything by the book if he does go that direction. I think that was why he was leaning towards written warnings rather than straight dismissal, as that way she has a chance to modify her behaviour, and if she doesn't, then it is all documented properly. I'll let you know what happens. Thanks for your input.
14-01-2016 19:18 #115
And the next installment is going to air...
Today DH found out (his staff think he's great, so they tend to tell him stuff!) that the bookkeeper was ranting and raving while he was out yesterday about how DH isn't the same with her anymore and doesn't chat with her like he used to, so she doesn't know what is going on and is leaving because she's "had it with this "f**ing company".
Just to note DH isn't doing anything wrong or deliberately treating her badly, but prior to Christmas they had a good working relationship and would chat more socially, now he's pulled back a bit and is just getting on with the job as such. Especially seeing as she came back from holidays and was pretty rude, ignoring him and being narky.
DH is just going to give her a written warning tomorrow. He's quite calm about it actually and knows that she will leave as soon as she finds another job. He'll just keep a close eye to make sure that she can't do any damage, but he's not too worried.
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14-01-2016 19:59 #116
Your DH needs to check the Fairwork website for best practice processes on managing under performance or summary (instant) dismissals.
But as equally important, what are the company's own policies/processes on this stuff?
Has the employee been made aware of the policy? Has the employer made sure the employer understands he policy.
Your poor DH. Hopefully she just goes away of her own accord. Makes life easier.
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15-01-2016 07:07 #117
GucciDahling he's hoping it won't come to dismissal, so he will look into the company policy if he thinks it is going to head that direction. He is very familiar with the policy on written warnings though as he has had to give a few
So I think this morning he will give her a warning, and from there she will likely resign going by what she's been saying to other staff. So he will follow protocol to the letter and just wait and see what happens. Thanks!
15-01-2016 08:16 #118
One big problem that I can see in all of this is that she may not leave of her own accord.
If I recall correctly she is being paid in the vicinity of $70k per annum. I'm reasonably confident that is above average rate for a bookkeeper (happy to be corrected if I'm wrong). She may find it difficult to leave if she can't a job with a similar salary.
ETA - I echo previous sentiments about following the correct process and dotting all your i's and crossing all your t's. Unfortunately I have some exposure to a disgruntled former employee taking an employer to Fairwork for unfair dismissal on trumped up charges. Unfortunately in the absence of hard proof, it came down to a he said she said type of thing. The outcome was either the employer pay the former employee a sum of money to avoid a court hearing or take it further to court. In this case, the employer had followed the process exactly and the dismissal was more than justified. Fairwork seem to heavily favour this scenario as an outcome as they like to avoid cases going to court. The employer in this case chose the payout option as it was significantly cheaper than any legal fees associated with taking it to court. Not saying this would happen to your DH, but just something to be aware of.
Last edited by SSecret Squirrel; 15-01-2016 at 08:32.
15-01-2016 08:27 #119
Gosh she sounds like one of the women in the front office at our school. We constantly 'manage' her - making sure she feels sufficient gratitude and praise for what she does. I mean, she's excellent at her job but the rate at which she feels undervalued and unappreciated is just exhausting.
At the same time I constantly give up my own time to help her, because, you know, she has so much to do and is so terribly important, and never even receive a thank you. Which tells me she just has a very warped, egocentric view of things with a tendency to see the negative.
That turned into a massive vent!
Anyway, my point is I suspect this is all going to be rather difficult and this woman is going to totally feel like a victim here. I don't think your DH had a chance, to be honest. I think this has been building for quite a while and says more about this employee's need for constant validation than anything else.
I'm glad you are there to support your husband. It's so ludicrous that this has become what it has.
I am also hopeful that your husband will need to act as referee for this woman at some point :-)
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15-01-2016 08:32 #120
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