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fact finding first before they move into conduct?

Got a question for a CWU Rep? And all CWU related matters.
brettt
Posts: 23
Joined: 09 Sep 2014, 11:48
Gender: Male

fact finding first before they move into conduct?

Post by brettt »

Our rep is off with stress at the moment and management are doing as they please.


This week a member had forgot to hand in a tracked parcel, he's left it in the van overnight. Because customer complained , the lino had a brief chat with postie who explained he's found it next day. The day after he attended a conduct interview. I've seen his letter and it referred to a fact finding interview. This never even took place unless you can call the brief chat a ff interview. He's now been charged and given a 1 year in his record. Don't management have to do a fact finding first before they move into conduct?
rehabron
Posts: 1372
Joined: 01 Jul 2012, 18:43
Gender: Male

Re: fact finding first before they move into conduct?

Post by rehabron »

brettt wrote:Our rep is off with stress at the moment and management are doing as they please.


This week a member had forgot to hand in a tracked parcel, he's left it in the van overnight. Because customer complained , the lino had a brief chat with postie who explained he's found it next day. The day after he attended a conduct interview. I've seen his letter and it referred to a fact finding interview. This never even took place unless you can call the brief chat a ff interview. He's now been charged and given a 1 year in his record. Don't management have to do a fact finding first before they move into conduct?
In the circumstances that you have mentioned the postie has admitted that he found it in the van next day and assuming that he was the only occupant in the van and it was his responsibility to deliver the tracked parcel then a fact finding would not be necessary.
However if it was a P&L operation with 2 in the van then a FF should have been carried out to ascertain whose responsibility it was to deliver the parcels and also to ensure that the vehicle was empty.
The speed of the conduct interview amazes me because he should have received notification in writing that the issue was now going to a conduct meeting giving him the opportunity to put forward any mitigating circumstances for the error and also for him to arrange representation at this conduct meeting.
If the lino has proceeded to a disciplinary meeting without giving him the chance to arrange for a work colleague or a union representative to attend on his behalf then the lino has breached disciplinary procedures and would suggest an appeal to this effect to have the decision overturned.
Himaggen
Posts: 993
Joined: 09 Oct 2007, 23:40

Re: fact finding first before they move into conduct?

Post by Himaggen »

Since the Member had, according to the National Agreement, a right to be represented in the fact-finding discussion then they have been denied that right. Additionally where the outcome of the investigation following a fact-finding is deemed to warrant formal disciplinary action, (the reprimand given in this case was a disciplinary action), then the employee should have received that invitation in writing with at least two working days notice.
enskied
Posts: 1877
Joined: 16 Aug 2013, 17:14
Gender: Male

Re: fact finding first before they move into conduct?

Post by enskied »

Our vans are stuffed with packets left in the yard overnight, including reg and tracked...office shut when we get back.
Son Of God
Posts: 188
Joined: 21 Sep 2013, 13:34
Gender: Male

Re: fact finding first before they move into conduct?

Post by Son Of God »

A brief chat does not constitute a fact finding. The manager is in breach of procedure. Highlight this behavior to your DOM and DSM. More importantly contact area rep or branch secretary, informing them of managerial incompetents.