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Thread: Disciplinary Hearing Unfairness

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    Disciplinary Hearing Unfairness

    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.

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    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.

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    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 ?

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    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?

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    Site Caretaker Dave A's Avatar
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    Quote Originally Posted by Laura7 View Post
    By the way, this is the first time in my entire life that I have been suspended and find this ordeal humiliating.
    Quote Originally Posted by Laura7 View Post
    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.

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    Quote Originally Posted by Laura7 View Post
    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?

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    Diamond Member Justloadit's Avatar
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    Quote Originally Posted by Laura7 View Post
    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?
    Victor - Knowledge is a blessing or a curse, your current circumstances make you decide!
    Solar pumping, Solar Geyser & Solar Security lighting solutions - www.microsolve.co.za

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    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.

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    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.

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    Diamond Member Justloadit's Avatar
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    Quote Originally Posted by Laura7 View Post
    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?
    Victor - Knowledge is a blessing or a curse, your current circumstances make you decide!
    Solar pumping, Solar Geyser & Solar Security lighting solutions - www.microsolve.co.za

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