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Suspended for facebook comment.

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  • Suspended for facebook comment.

    I work for Company A which is a medium sized bus company. In 2005 company A was found of predatory conduct in relation to another company that ran competitive bus routes against the company I now work for. They were fined and had to pay a 5 figure (almost 6) compensation sum to the company that had gone out of business. In this they were considered to have brought themselves into disrepute and any further incidences of predatory conduct or practice could result in the loss of operating license(s).

    I used to work for company C that was in competition on two routes against Company D which ceased trading in 2010. Two drivers who worked for company D that hold a strong personal grudge against me now work for company B, one of them holding a management position there. Company B has now started competitive bus routes against company A which I work for, and I am rostered to work one of the routes that they are competing against on a regular basis.

    Two days ago there was a vehicle belonging to company B that was parked up unattended at a bus stop with the back end sticking out, making it impossible for me to pass without driving on the kerb. The driver was on the other side of the road talking to a driver of another bus. Their vehicle was not broken down, just parked awkwardly while the driver had left it unattended. In order to not block the road for other road users myself (as it was possible to get past but with part of my vehicle going over the stone central reservation) I went around their vehicle to pick up the passengers that wanted to board my vehicle.

    After loading passengers, I stepped fully off my vehicle to take a photograph of the offending parking. Stupidly I shared this to facebook with the words "left [their] bus with the back end sticking out even though [they're] 10 minutes late - didn't stop me from getting past ha ha". The intention of my wording was to state that the parking didn't stop me from getting around the vehicle as it was blocking the road. It has been taken to mean that I wanted to "get past" with the deliberate intention of preventing them from getting to customers first - thus denying them business and bringing my company into disrepute. I immediately carried on my journey and when their vehicle caught up to me I made every effort to allow them to get past and not prevent them from "being infront". A goods vehicle was blocking a stop further up and I went out of my way to ensure the back end of my articulated vehicle was not blocking their progress. However, as I was driving an articulated vehicle the photo looks like I am blocking their vehicle in.

    A facebook friend of mine that i'd totally forgotten was on my list is now an employee of Company B - they shared it to the manager that holds a grudge against me and they shared it to the managing director of company B. The managing director of company B emailed the managing director of my company directly to complain. The meaning of the wording of my post has been totally twisted to a different interpretation and the photo taken out of the context of what actually happened. I removed the post myself of my own volition less than an hour after uploading it as I realised that the wrong eyes may misinterpret it, this was before I was advised to do so by a manager some 8 hours later.

    I reported to work the next day to be told I was to see a senior manager, a union representative met me and explained I was to be suspended with pay. In the interview the senior manager commented that I am one of the best employees there with an exemplary 4 year record of employment and an ambassador for the company - friendly, polite and I do my job well. Two days of sickness, one lateness and no disciplinary record at all. The senior manager stated that if it was up to them I would not be being dealt with in this manner, however as the managing director of the company was contacted directly they ordered this course of action.

    The union rep stated that in the investigation they may look to say that I brought the company into disrepute in an act of gross misconduct - which is instant dismissal. The union rep said that I am being made an example of.

    I fear that I am going to be thrown under the bus to set an example to other employees that NOTHING must be said about Company B in the public domain - can they do this despite my excellent previous record? I realise and admitted in the interview it was a very silly mistake - we have no social media policy currently in work and it was not stated how serious the company's position is in regards to any regulatory issues. If I had known how serious the situation was there was no way I would even have considered making any kind of post.
    Tags: None

  • #2
    Re: Suspended for facebook comment.

    To be honest the onus of proof would be on the other bus company to prove that there bus arrived after yours and not that they arrived before yours and partially blocked the road, which amounts to illegal parking and endangerment of other road users. Now am sure all Buses nowadays are fitted with GPS tracking systems that track their location and at what time, along with speed.

    I would suggest you ask your manager to ask the other company to prove their allegation by providing the GPS tracking information for their bus relevant to the date and time of the incident, so it may be compared to the GPS tracking information on the bus you were driving, and advise your manager that the legal onus of proof is on the other company to prove their allegation against you and the company you work for and to point out that if it is proven that their allegation against you is false and your version of events were accurate then their driver will have committed an act of illegal parking, and partially obstructed the road to the detriment of the safety of other road users (not to mention the safety of the passengers waiting at the bus stop) and it would therefore be for them to discipline their own driver!

    So basically if your manager requests their GPS tracking info for their bus relevant to the date, time and location of the incident so it can be compared to the GPS tracking info on the bus you were driving, and the other company refuses to do so, then it would be a clear sign that their accusation is false.

    Regardless of your facebook post, they have made a formal accusation against you, therefore its for them to prove their claim. Yes your company can still discipline you for this, but regardless of that you could seek legal action against the other company for liable (making a false accusation against you to a 3rd party (Your Employer)). And it would be for the other company to proof their accusation, which again would required GPS tracking information for the date and time the incident occurred from both companies. In fact, if the accusation the other company made against you is unproven by them or proven to be false, then your own company would be able to take legal action against the other company too - So you should point that out to your manager too.

    In fact, it might be an idea for you to write to the other company, advising them that if they do not rescind their false accusation against you that they made to your employer (give details of the allegation and your own side of events in such letter too), then you will take legal action against them for liable i.e. making a false accusation against you to a 3rd party, your employer. And point out to them that as they were the ones to make such a false accusation it would be for them to prove their accusation was true, which given majority of buses contain GPS tracking, would require them to produce GPS tracking data for their bus for the day of the incident so it can be compared to the GPS tracking data of the bus you were driving on that date too. The comparison of data will show who parked there first, which your know for a fact their bus was there first and not only that, it was parked illegally and partially obstructing the road to the detriment of other road users safety and the safety of the passengers stood waiting to be picked up i.e if something had collided with the rear of their bus as a result of it partially obstructing the road, it would likely have thrust the bus forward straight into pedestrians or worse the bus stop full of waiting passengers.
    Last edited by teaboy2; 23rd May 2015, 12:27:PM.
    Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

    By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

    If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

    I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

    The Governess; 6th March 2012 GRRRRRR

    Comment


    • #3
      Re: Suspended for facebook comment.

      The other company's issue is the wording of the post - their interpretation was that "getting past" meant that I wanted to deny them custom by getting to passengers before them. Also that I accused them of running 10 minutes late and their driver going off and leaving their bus unattended (both of those are true, however).

      My company's issue is that the photograph looks like I was the one blocking the competitor's bus in as I was driving an articulated bus and didn't have the space to park with it completely straight as I had to pick up my passengers.

      Comment


      • #4
        Re: Suspended for facebook comment.

        For years people have been warned about work-related Facebook posts, yet many ignore the advice and end up getting fired.

        Easily done, I know but before the age of social media you wouldn't have posted anything in your local paper would you?

        What's done is done. The best thing to do would be try to rectify the situation.

        Always be mindful of revealing your work details. I am aware of a case where a member of one forum reported someone on another forum to their employers. Subsequently, not only their job was lost but also their family home was repossessed.

        Having said that, the company in question did their own investigation and had very good grounds to sack the person in question.

        Comment


        • #5
          Re: Suspended for facebook comment.

          Originally posted by cabbageman View Post
          The other company's issue is the wording of the post - their interpretation was that "getting past" meant that I wanted to deny them custom by getting to passengers before them. Also that I accused them of running 10 minutes late and their driver going off and leaving their bus unattended (both of those are true, however). - And their point is what exactly? Its not your fault their driver was late, that hed parked up, got out of his bus and went across the road to speak to another bus driver, without picking up the passengers. You were on time, you had every right to get past their bus and stop to pick up passengers at the same stop.

          My company's issue is that the photograph looks like I was the one blocking the competitor's bus in as I was driving an articulated bus and didn't have the space to park with it completely straight as I had to pick up my passengers.
          Can you send me a copy of the photo via private message please - Don't post up here in the public thread.
          Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

          By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

          If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

          I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

          The Governess; 6th March 2012 GRRRRRR

          Comment


          • #6
            Re: Suspended for facebook comment.

            Originally posted by teaboy2 View Post
            Can you send me a copy of the photo via private message please - Don't post up here in the public thread.
            I don't think that pictures can be sent via PM on here, but if [MENTION=66603]cabbageman[/MENTION] wants to email me a copy I'll forward it to you kati@legalbeagles.info
            Last edited by Kati; 25th May 2015, 14:22:PM.
            Debt is like any other trap, easy enough to get into, but hard enough to get out of.

            It doesn't matter where your journey begins, so long as you begin it...

            recte agens confido

            ~~~~~

            Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

            I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
            But please include a link to your thread so I know who you are.

            Specialist advice can be sought via our sister site JustBeagle

            Comment

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