Gross Misconduct Appeal?

Question

I was recently dismissed from my job in a warehouse for gross misconduct - i have been there for approximately 2 yrs. There are 3 chambers - Ambient (dry) - Chill and Frozen (-25oC) I worked for a lot of my time in the chill and was constantly surpassing the rates with very few errors. I started to work in the freezer and after a while I started to wake in the night with cramps and going to work the next day feeling very tired and low and making lots of errors I went to my gp who signed me off from freezer work pending my seeing the company doctor. the company doctor spoke top me about my lifestyle and etc and came to the conclusion that likely cause of cramps was my intake of energy drinks and working in cold temperature making me urinate more than my fluid intake making my muscles dehydrate and giving me cramp ...the feeling low and tired I put down to the lack of sleep. I agreed with the company and doctor that they would limit my freezer work to no consecutive days. They continued to put me in the freezer on at least 2 days per week where I would still suffer cramps and feeling low and the feeling low gradually turned into anger and I would lose my temper at the drop of a hat over stupid things. I had received loading training and started to load on my own - and I apparently made an error and left something off. when i was approached about this and told i was getting a "file note" I lost my rag threw my headset at the wall and stormed out of the warehouse to the locker room where i spent 20 minutes cooling off. I went back to the manager I lost my temper with and apologised and went back to work. A few days later I was working in the freezer and another picker pulled his truck across mine blocking my cage where I was putting my items so i lost my temper and threw them through the air into the cage - one overshot and hit the floor the other hit a light fitting and broke it free from its brackets. - I was sacked for gross misconduct and my argument of mental stress (brought on by dull lighting and sub zero temperatures) was totally ignored. Does anyone with any employment law knowledge think I have a case for keeping my job with steps being taken to manage my obvious stress levels created by my working environment.

Answer 1

Hi Simon



I'm pretty familiar with employment law, and from what you report very little law is involved here. That isn't surprising though, as this tends to come into play if your employer failed to follow any process or picked on you with no reason.



Losing your temper and throwing items that damage company property was rightly considered gross misconduct - no debate there. The only issue is whether your explanation is sufficient mitigation to allow them to drop the outcome to a final written warning (it couldn't sensibly be reduced further). However, this is a subjective matter - they were free to take it fully into account, or to pretty much ignore it - as they seem to have done.



It would help if you had a medical report to back you up, but even then they would run the risk of it occurring again. It does sound as though had you avoided 'frozen' this might never have happened. Energy drinks are not good if taken regularly, and these may not have helped.



Frankly, even if I were representing you, it would really rest on making a plea for compassion, and showing you were taking steps to eat and drink more healthily, and get treatment for any other conditions that might have made matters worse. And to be profusely apologetic.



Worth appealing, nevertheless, but don't try to justify what you did (you simply cannot), rather try to explain it through being unwell and how things will change. At the very least, try to get paid your notice, to give you a soft landing, even if you don't keep your job.



Sorry I cannot be more optimistic.



Best wishes.

Answer 2

As another contributor has stated, if you were not given an appeal hearing you dismissal is unfair. You also don`t mention as to whether an investigation took place. If however you are waiting for an appeal get supporting evidence from your GP.

If you do end up at Tribunal the chance of being reinstated is very slim, but you will be compensated if the dismissal was unfair.

P.S. Was your PPE (personal protective equipment) adequate for working in a feeezer?

Answer 3

Gross misconduct means something so extreme that it facilitates the enterprise to handle the settlement of employment as ended. in maximum circumstances it is straight forward experience what style of issues this could be - stealing from the enterprise, intentionally detrimental components, punching a colleague, and so on. the employees instruction manual can supply some examples, yet those are for practise and that is going to no longer likely matter in case you haven't any longer study the instruction manual. yet, no longer with the flexibility to study would desire to probably count huge variety as a disability in in the present day's international. And if it does not itself, then any impairment that motives this (eg academic specific desires) could be a disability. As such, an enterprise needs to make genuine looking adjustments. One such adjustment could be to be certain you were informed something correct that is in the instruction manual. this would help you, if the enterprise is treating something as gross misconduct that an worker does no longer generally assume to be dealt with as such, so as that they could basically be attentive to in the event that they had study the instruction manual. So, there is an probability in spite of the undeniable fact that it does matter on the genuine data, maximum heavily what he quite did.

Answer 4

You can't just be sacked on the spot - the company has to give you the opportunity to appeal and must listen to your side of the case. (as Nick implies above). If they have not gone through the correct procedures, then you could have a case for unfair dismissal.

Answer 5

Call your state's Attorney General's office. They can put you on the right track.