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What is an admission of an allegations?

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  • What is an admission of an allegations?

    An employee is seen to throw a stone. As a result of that the employee is investigated. The employee admits to throwing a stone and the investigation ends. As a result of the employee’s admission the employer makes an allegation that the employee broke a window and invites the employee to a disciplinary hearing. The employee admits to throwing a stone but denies breaking a window. The employer does not investigate if a window has been broken, there is no proof that a window has been broken, there are no witnesses to state a window has been broken. The employer simply takes the employees admission of throwing a stone as an admission of breaking a window. The employee is given a first and final written warning for breaking a window.

    Can an admission of an action be taken as an admission of an allegation?
    Tags: None

  • #2
    Re: What is an admission of an allegations?

    Originally posted by Unexciting View Post
    An employee is seen to throw a stone. As a result of that the employee is investigated. The employee admits to throwing a stone and the investigation ends. As a result of the employee’s admission the employer makes an allegation that the employee broke a window and invites the employee to a disciplinary hearing. The employee admits to throwing a stone but denies breaking a window. The employer does not investigate if a window has been broken, there is no proof that a window has been broken, there are no witnesses to state a window has been broken. The employer simply takes the employees admission of throwing a stone as an admission of breaking a window. The employee is given a first and final written warning for breaking a window.

    Can an admission of an action be taken as an admission of an allegation?
    Hi Unexciting & welcome to LB

    When did this occur?
    Where did it occur? (indoors or outdoors?)
    Was there anyone else present?
    Has a grievance been submitted?
    How long has the employee worked for the firm?
    CAVEAT LECTOR

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    gets his brain a-going.
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    Comment


    • #3
      Re: What is an admission of an allegations?

      Hi. Thanks for reply. I don't particularly want to get into the details of everything so am only looking for advice on if an admission of an action is the same thing as an admission of an allegation. I am of the opinion that if the allegation was 'you threw a stone', then by saying you threw a stone you have admitted the allegation. But if the allegation is anything other than 'you threw a stone', and you do not admit to anything else other than throwing a stone, then you have not admitted the allegation.

      In this case the allegation was only that the employee had broken a window. The employee did not admit to breaking a window. The investigation did not investigate if a window had been broken; it stopped when the employee admitted to throwing a stone. We still don't know if a window had been broken. It seems the employer decided that because throwing stones could break windows, you must have broken a window.
      Last edited by Unexciting; 2nd May 2016, 12:09:PM.

      Comment

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