Employment problems and threats of being sued ....

[leebee979]

Hello, I am going through a rather grizzly misconduct set of hearings (I'm contesting the charges) but I'm getting veiled threats that my actions have damaged/delayed project plans and that I could be liable for damages - is this possible? I thought there were quite a few restrictions on things that could only be counted as economic loss.

Thanks ....

[ULA]

Sorry i just need to clarify are you in the middle of a disciplinary process? If so what stage is it at?
Â*Also need to understand more about why the company thinks that you an be liable for damages, is there anything in your contract of employment that makes mention of this fact?Â*

[leebee979]

Hello - now I'm in the stage between dismissed and appeal. There's nothing in the contract about damages. The argument is that unauthorised work was done (although there's some evidence to the contrary and a debate on how unauthorised it was - think more management failure than malice) and that affected plans causing a loss.

As this loss can only be financial I wondered what that means as there's lots of info on the internet about various scenarios and what counts and what doesn't.

[ULA]

Is there anything in your contract of employment about deduction from wages? If so are there examples of what it covers?

Do you know the figure that the company is saying is economic loss and are they attributing that to your direct actions?

Is your employer claiming that your conduct has amounted to more than negligence or carelessness and the employer’s losses are significant?

Sorry to have to ask more questions but just need to get further clarification on the exact situation.

[leebee979]

Hello.

Nothing in contract about deduction of wages. I think the employer is trying to show there was a conspiracy between various members of staff to derail a project. No actual costs have been mentioned. I have no influence on the allocation of resources apart from my own.

No idea what they'll claim the cost was. Not sure how it could be quantified. Does the actual amount make a difference to the legal position?

[ULA]

Thanks for the information.
Â*
If your appeal does not win and you are dismissed, since your contract of employment does not give the right for your employer to make any deductions from salary on termination to cover a variety of situations, then potentially they cannot recover whatever they believe their financial losses are via any final monies owed to you.
Â*
If they did then want to pursue the matter it would go outside of an employment situation and I think they would need to attempt to recover any money for financial losses through the civil courts. If they decide to do this it is outside my area of expertise and I would have to pass onto another expert member of our community.

Just come back to this thread if you need any more support and if it is outside my expertise I can tag someone else who can help.Â*