Gross Misconduct(Wilful Delay)

[Stormproof]

I have a number of people in my office charged with Gross Misconduct(Wilful Delay). They have been suspended from delivery but continue to stay indoors to do other work. They came back before their finish time with work. The ones I'm dealing with first admitted they had made an error in the fact finding interviews, got confused with the finish time as we have longs/shorts. Whats my chances of getting the charge reduced to unexcused delay of the mail rather than wilful delay? I know that both charges can lead to dismissal

[Lincox]

If they have not followed the overrunning of deliveries procedure and have returned mail that they took out, before the completion of their duty time, then you will find it difficult to raise a defence for them.

[Stormproof]

Must admit I'm going to be struggling to argue their cases........just hoping someone out there has a curve ball I can throw.

[southernjessy]

were they given the option of going back out and complete the delivery in their own time if necessary

[dvbuk55]

Must admit I'm going to be struggling to argue their cases........just hoping someone out there has a curve ball I can throw.

How much time before the end of their duty, how much mail, where they all on long/short duty.

[Stormproof]

The first 2 i'm dealing with bought a loop back each and were 30 mins early. It was bought up in the fact finding interview......'did you not think to go back out' they basically said no. They both work the same hours, though one of them was put on that duty at the last minute and the duty was already prepped, tied up and bagged up and the partner had signed them both out.

[dvbuk55]

The first 2 i'm dealing with bought a loop back each and were 30 mins early. It was bought up in the fact finding interview......'did you not think to go back out' they basically said no. They both work the same hours, though one of them was put on that duty at the last minute and the duty was already prepped, tied up and bagged up and the partner had signed them both out.

Did they remain on site or did they go home? I'm presuming the former in which case there's very little defence. But if it was the latter did they report to anyone either in person or by phone on their return.

[Stormproof]

The first 2 i'm dealing with bought a loop back each and were 30 mins early. It was bought up in the fact finding interview......'did you not think to go back out' they basically said no. They both work the same hours, though one of them was put on that duty at the last minute and the duty was already prepped, tied up and bagged up and the partner had signed them both out.

Did they remain on site or did they go home? I'm presuming the former in which case there's very little defence. But if it was the latter did they report to anyone either in person or by phone on their return.

By the time they explained to the manager what had happened it was there finish time. It did'nt help when one of them walked through the doors with the cut offs that the the DSM and other hierarchy were doing a check on the office.

[britwrit]

Were they briefed at a WTL session about the overrunning of deliveries procedure? Did they sign off that they did? If not, might there not be some wiggle room there? And could snow/unsafe conditions be considered a mitigating factor?

[flaminmoses]

Still has to be a "willful" act.

Rm could argue they knew about finishing times so thats the first point to work on.

[Pat Ostman]

Willfull Delay should, I thought, be dealt with as suspension and removed from office. How can they be deemed a serious threat to the mail, yet be kept on the premesis? Conducts that can lead to dismissals like this are normally for violence or a serious threat to the mail. - Suspension at home, full pay. If they are working in the office after the charge you have some wriggle room there - It cannot be top tier serious can it? (Take it they'll be sorting - if its touching mail you have a good case right there to water it down).

Fight for unexecused delay of mail, RM must PROVE it was intentional. Wilful Delay is used so often by Line Managers and its meaning has been watered down so much, sadly the punishments have not. Worse case for UDOM - 2 year serious. We all know what WD brings......

This is not Willful Delay in my opinion, especially if it was not intentional but an oversight. And hopefully they informed they were taking it back. (If not you have a harder case).

As mentioned, ask for signed copies of the training that covers this topic, does your WTLL sessions occur regularly? Have they signed as being present?

The Conduct Code is not to be used as a tool to arbitrarly dismiss, it explicitly states that general one off mistakes can and do happen. Push that angle as well if their record is clean.

Any previous cases recently that ended well in your office? Use that as well.

[daveyeff]

totally agree, if it is gross miconduct for wilful delay, then that alone warrants immediate removal from the premises and put on suspension on full pay. never heard of this before.

[clashcityrocker]

If they are looking at possible dismissal, shouldn't someone higher up the union tree be dealing with this?
No offence Storm.

[IloveMYredTROLLEY!]

Had they returned to the office having not taken their outdoor meal relief?
Did they contact or attempt to contact the depot to say they had undelivered mail they were bringing back?
Did the recent weather hazzards or other issue prevent them from delivering that loop?

[Stormproof]

If they are looking at possible dismissal, shouldn't someone higher up the union tree be dealing with this?
No offence Storm.

Totally agree Clash. Spoke to one of the Area Reps who basically said good luck and get on with it. Hoping that because they have'nt been removed from the premises that they will just end up with a 2 year serious or something

Had they returned to the office having not taken their outdoor meal relief? We don't have outdoor meal relief
Did they contact or attempt to contact the depot to say they had undelivered mail they were bringing back? No, because they thought they were finishing on time
Did the recent weather hazzards or other issue prevent them from delivering that loop? Weather was ok here at the time