Disciplinary Hearing Unfairness

[Laura7]

Hi Everybody,
I was suspended pending a hearing that will be held next week. I am confident that I can answer to all charges and would like to ask one question that bothers me. We have a new shareholder/director who officially started in February this year. The charges against me pertain to a period dating between May and December last year, before his time. Do you think this allowed as I would have thought that the new director was well aware of the history of the company or is he looking for an excuse to get rid of me. By the way, this is the first time in my entire life that I have been suspended and find this ordeal humiliating.

[roryf]

I would first worry about what charges are being given.If serious, then the new director is the least of your worries.If the charges are not so serious then I would ask why you hadn't been charged earlier.

[HR Solutions]

If he is a Directer he basically is one of the owners of the company at present and therefore it doesn't really matter, does it ?
What have you been suspended for ?

[Laura7]

Roryf, thanks for replying. The charges are that I authorized and paid bonuses without the old director's authority. There is a history behind this story, as we had new controlling managers who approved everything. So therefore I think it is something that I can prove. I am still concerned why the new director is taking action against me. I feel as though there is a conspiracy to get rid of me. I also do not know why I was not charged earlier. Perhaps I can raise this question during the hearing?

[Dave A]

By the way, this is the first time in my entire life that I have been suspended and find this ordeal humiliating.

I feel as though there is a conspiracy to get rid of me.

Although unsurprising human reactions to your situation, these are inappropriate emotional responses to this experience that are more likely to handicap your ability to deal with the crisis than to help. Eradicate them from your mind.

If you have evidence of inconsistent disciplinary standards and practices, that you can raise. (Sidenote - and remember the inconsistency has to be relevant to the charge you're facing or position you are in). But don't go down the "conspiracy" trail unless you are absolutely confident you can prove it.

When your defence is focused on talking to the charges, this demonstrates an underlying belief that you were acting correctly (or in good faith) and are prepared to be judged on your actions.
When your defence is focused on issues other than the charges, it may indicate an underlying lack in confidence that you were acting correctly or in good faith.

If you can show good cause for your actions, that takes first prize every time.

[sakkie]

Roryf, thanks for replying. The charges are that I authorized and paid bonuses without the old director's authority. There is a history behind this story, as we had new controlling managers who approved everything. So therefore I think it is something that I can prove. I am still concerned why the new director is taking action against me. I feel as though there is a conspiracy to get rid of me. I also do not know why I was not charged earlier. Perhaps I can raise this question during the hearing?

The first question that comes to mind is, why didn't the previous director take action against you? Surely if the payments was unauthorized he should have taken immediate action? Or was he not that involved in the business?

[Justloadit]

The charges are that I authorized and paid bonuses without the old director's authority.

Does this mean that you have full rights to the bank account, and can make payments on the bank account with out anyone else in the company releasing the payment?

[Laura7]

Thank you for reply,
I will take note and of course I will focus on the charges and prove that I did nothing wrong. In fact I was told that if I present factual evidence then I can rest assured that the truth will prevail.

[Laura7]

No I do not have full rights, I capture payments and the owner/director must authorize final payment. I always assumed they checked the payment before releasing.

[Justloadit]

No I do not have full rights, I capture payments and the owner/director must authorize final payment. I always assumed they checked the payment before releasing.

So how by capturing the payments, are you responsible for authorization of the payments?
Surely the financial director's fiduciary duty is to check and ensure that all payments released are correct.

Did you calculate and produce the figures for the wages and bonuses?
What exactly is your position in the company?

[sterne.law@gmail.com]

In terms of the backdating, so to speak.
Waiver is a defence whereby if a company failed to take disciplinary action timeously it is considered that they waived their right to take action.
The test is -
When did the company know about a potential misconduct, and
what did they then do.

As an example - If i discover potential fraud but take 4 months to investigate, that is not a waiver, as, by acting I show an interest in exercising my right.
If I know of a misconduct, do nothing, but after 4 months institute a hearing, this mayconstitute a waiver.

The test of waiver for you, is if the company knew and then failed to act. It brings with it, given your case, the potential argument of tacit acceptance.

As to the Directors duty, while they may be at fault, this is not a defence for you, per se. The question is was there a rule and did you break it.
There is certainly an argument, that when the director paid, it constituted consent.

[Laura7]

yes I captured the payments, and it is not my responsibility for authorization of payment.
The HR calculated the figures and I was part of the meeting with the controlling members (not the director) and other staff members to discuss the financial situation of paying the bonuses which by the way is a statutory obligation under the MIBFA main agreement.
I was employed as a financial manager, but my duties and responsibilities were reduced in 2008 to that of a bookkeeper.

[Laura7]

Thanks Anthony,
I do not think there were any rules, its a small company, and I always believed the directors would check all payments before final authorization. Also my work was transparent, documentation was always available.
The possible misconduct came about at the beginning of this month, it is the new director responsible since February who was looking into my situation. (I still believe there is a conspiracy to discredit my ability). However, the old director had access to all my work throughout the previous years and never queried my honesty.
In all honesty I can prove that I was not fraudulent in any of my work matters.

[Justloadit]

yes I captured the payments, and it is not my responsibility for authorization of payment.
The HR calculated the figures and I was part of the meeting with the controlling members (not the director) and other staff members to discuss the financial situation of paying the bonuses which by the way is a statutory obligation under the MIBFA main agreement.
I was employed as a financial manager, but my duties and responsibilities were reduced in 2008 to that of a bookkeeper.

From the information provided, other staff calculated and instructed you to do the data capturing of the wages, leave pay and bonuses. The reason for the meeting with staff members was probably to discuss the financial situation the company would be in to be able to honour the relevant payments. It seems to me that you acted according to the requirements set out, and whether the amounts were correct or not is out of your scope, as this falls in the realm of the HR and wage clerk. I think that you have proceeded correctly with your duties. The question really is with what is going to be raised at the hearing. It seems to me that the full information has not been disclosed to you at this time, and you may have been fed a red herring.

[bones]

From the information provided, other staff calculated and instructed you to do the data capturing of the wages, leave pay and bonuses. The reason for the meeting with staff members was probably to discuss the financial situation the company would be in to be able to honour the relevant payments. It seems to me that you acted according to the requirements set out, and whether the amounts were correct or not is out of your scope, as this falls in the realm of the HR and wage clerk. I think that you have proceeded correctly with your duties. The question really is with what is going to be raised at the hearing. It seems to me that the full information has not been disclosed to you at this time, and you may have been fed a red herring.

i agree with you on this one that said
i would ask for all records from your
past year and show that you did your
duties as specified just remember in
any hearing make sure you record
everything if things go badly you have
recording on why it did and if it was
fair or not and can continue to seek
professional help with the facts in
your pocket.