Employment vs personal. A legal question.

[tigertim20]

OK theoretical question.
Lets say a person called Nigel works at a restuarant/bar. Nigel is a chef.
Nigel works in the restuarant that is attached to the bar, two seperate areas, but the same business none the less.

Nigel goes out one night (he is not working, he is simply out for a few beers.)
During the course of the night, a staff member who he works with when he is working, is working in the bar. Lets call this person 'slutbag'

During the course of the evening, Nigel gets a tad drunk.

Nigel says to slutbag 'fuck off'.

They decide that Nigel is drunk, so they cut him off from the bar. no other altercation or anything occurs, and later Nigel leaves with his friends.

Heres the question.
When Nigel comes into work for his next shift a few days later, does slutbag have any grounds (other then personal/moral) upon which to reprimand Nigel at work?

My thinking is that, at work, during work hours, normal workplace codes etc etc would apply, but that if Nigel had NOT been working at all that day, and he was purely on the premises as a patron, his actions can ONLY be responded to as they would if it was any other patron.

Am I correct on assuming that slutbag cannot give Nigel a warning at work etc, and that this incident falls OUTSIDE os his work contract and obligations?

[DrunkenMistake]

SLutbag needs a good tapping, and Nigel isnt the man to do it,


What have you done now Tim? I dont recall you working as a Chef.

[Oakie]

Nigel is on thin ice I believe.

[DrunkenMistake]

Nigel is on thin ice I believe.

yeah Im pretty sure it doesnt matter if you are working or not,
You are employed by that establishment .

[kiwi cowboy]

OK theoretical question.
Lets say a person called Nigel works at a restuarant/bar. Nigel is a chef.
Nigel works in the restuarant that is attached to the bar, two seperate areas, but the same business none the less.

Nigel goes out one night (he is not working, he is simply out for a few beers.)
During the course of the night, a staff member who he works with when he is working, is working in the bar. Lets call this person 'slutbag'

During the course of the evening, Nigel gets a tad drunk.

Nigel says to slutbag 'fuck off'.

They decide that Nigel is drunk, so they cut him off from the bar. no other altercation or anything occurs, and later Nigel leaves with his friends.

Heres the question.
When Nigel comes into work for his next shift a few days later, does slutbag have any grounds (other then personal/moral) upon which to reprimand Nigel at work?

My thinking is that, at work, during work hours, normal workplace codes etc etc would apply, but that if Nigel had NOT been working at all that day, and he was purely on the premises as a patron, his actions can ONLY be responded to as they would if it was any other patron.

Am I correct on assuming that slutbag cannot give Nigel a warning at work etc, and that this incident falls OUTSIDE os his work contract and obligations?


My understanding is definatly not but assuming slutbag is senior to Nigel as with alot of work places with small numbers slutbag can make things very uncomfortable for Nigel.
Was it an offical oral warning?.

[Zamiam]

It shouldn't impact on Nigels work BUT unfortunately the system thinks otherwise. People have got in the shit for slagging their boss off on Facebook so I suspect same bullshit logic would apply. Regardless Nigel was a tad stupid to do what he did

[Winston001]

Am I correct on assuming that slutbag cannot give Nigel a warning at work etc, and that this incident falls OUTSIDE os his work contract and obligations?

Essentially yes. Nigel's work does not involve him interacting with customers so his behaviour in his own time is unlikely to impact on his employers business.

However, do not make the mistake of thinking Nigel can do anything he likes no matter how bad or distasteful. If he drew public attention and was identified as the chef at this business, he may very well harm it which would affect the employment relationship. Eg. identified as an IV drug user = hepatitis, AIDS etc.

Plenty of people have lost their jobs because of silly things they've done or said outside work. Tony Veitch for one. :facepalm:

[kiwi cowboy]

yeah Im pretty sure it doesnt matter if you are working or not,
You are employed by that establishment .

Why?.

He haddent worked at all that day and was there in the capacity souly a patron not employee.

[Zedder]

Tell "Nigel" to look up russellmcveagh.com there's a section on out of hours behaviour.

[Mully]

Wait, so you, I mean Nigel, report to Slutbag?

And you, I mean Nigel, told her to "fuck off"?

On the work premises?

Where you, I mean Nigel, was intoxicated?

*facepalm*

[DrunkenMistake]

Wait, so you, I mean Nigel, report to Slutbag?

And you, I mean Nigel, told her to "fuck off"?

On the work premises?

Where you, I mean Nigel, was intoxicated?

*facepalm*

Please,
Tim cant cook, I doubt hes a chef

[Virago]

Why?.

He haddent worked at all that day and was there in the capacity souly a patron not employee.

That's hardly the point. You can't go to your workplace as a customer and abuse the management, and expect to get away with it.

It's no different to seeing your own boss in the pub, abusing the fuck out of him, and expecting it to be all sweetness and light on Monday morning.

Under the circumstances, I think he should get a verbal warning, and politely requested to do his off-duty drinking elsewhere.

[Mully]

Please,
Tim cant cook, I doubt hes a chef

Who is Tim? I thought we were discussing Nigel...

(actually, I thought it was a hypothetical workplace)

Still hilarious either way.

[DrunkenMistake]

Who is Tim? I thought we were discussing Nigel...

(actually, I thought it was a hypothetical workplace)

Still hilarious either way.

I dont even know who he is talking about, Thought it was to do with his wife,
but nope..

[DrunkenMistake]

That's hardly the point. You can't go to your workplace as a customer and abuse the management, and expect to get away with it.

It's no different to seeing your own boss in the pub, abusing the fuck out of him, and expecting it to be all sweetness and light on Monday morning.

Under the circumstances, I think he should get a verbal warning, and politely requested to do his off-duty drinking elsewhere.

+1, If you can get your balls chopped off for talking smack about your workplace on the likes of facebook, then its no different in person infront of customers.

[Mully]

I dont even know who he is talking about, Thought it was to do with his wife,
but nope..

His wife's name's Nigel??

I may have some bad news for him.

[Big Dave]

<iframe width="420" height="315" src="http://www.youtube.com/embed/R_59q3FvPgQ" frameborder="0" allowfullscreen></iframe>

[kiwi cowboy]

That's hardly the point. You can't go to your workplace as a customer and abuse the management, and expect to get away with it.

It's no different to seeing your own boss in the pub, abusing the fuck out of him, and expecting it to be all sweetness and light on Monday morning.

Under the circumstances, I think he should get a verbal warning, and politely requested to do his off-duty drinking elsewhere.

First paragraph is a fair point.

Second paragraph is saddly true but it is a different matter if the boot is on the other foot [and there are bosses that do this].

Third paragraph yes he maybe told to drink elsewere as any patron would be but a verbal warning is power play [this is only an opinion].

What hasnt been told is why Nigel said what he did.

[tigertim20]

Plenty of people have lost their jobs because of silly things they've done or said outside work. Tony Veitch for one. :facepalm:
yeah but the bitch deserved it

Wait, so you, I mean Nigel, report to Slutbag?

And you, I mean Nigel, told her to "fuck off"?

On the work premises?

Where you, I mean Nigel, was intoxicated?

*facepalm*

This is not about me. Ill clear it up.
My wife works there. she came home and told me about the incident with the chef. she was not involved in any way other than being on the premises.

I dont know 'Nigel' at all

Slutbag however needs her fucking head stoved in, and if she had a car Id fucking torch it. with her in it. while I threw stones at her

It was my hope that 'Nigel' would get away with abusing her, cos, well, shes a bitch and someone needs to put her in her place.

Preferably not me, I get a little 'excited':ar15::ar15::mad::angry2::bash::Police::P olice::Police::Police::Police::Police::spanking::f acepalm:

[Bikemad]

was Nigel payin full bar prices for his drinks?? or enjoying staff discounts at time of said abuse??..........just curious

[tigertim20]

First paragraph is a fair point.

Second paragraph is saddly true but it is a different matter if the boot is on the other foot [and there are bosses that do this].

Third paragraph yes he maybe told to drink elsewere as any patron would be but a verbal warning is power play [this is only an opinion].

What hasnt been told is why Nigel said what he did.

Dont know WHY 'Nigel' told Slutbag to fuck off.

[DrunkenMistake]

yeah but the bitch deserved it


This is not about me. Ill clear it up.
My wife works there. she came home and told me about the incident with the chef. she was not involved in any way other than being on the premises.

I dont know 'Nigel' at all

Slutbag however needs her fucking head stoved in, and if she had a car Id fucking torch it. with her in it. while I threw stones at her

It was my hope that 'Nigel' would get away with abusing her, cos, well, shes a bitch and someone needs to put her in her place.

Preferably not me, I get a little 'excited':ar15::ar15::mad::angry2::bash::Police::P olice::Police::Police::Police::Police::spanking::f acepalm:

Want me to go in and do the abusing?
Its not like wifey will say she knows me.. :innocent:

[kiwi cowboy]

Dont know WHY 'Nigel' told Slutbag to fuck off.

The reason i ask is

If slutbag was hasseling Nigel about somthing concerning work and he was not on duty he could tell her to fuck off as hes not on duty.

Or was she just being a bitch to him baiting him hoping for this responce.

[blackdog]

Silly Nigel.

Any behaviour in the establishment that you work for that could be considered offensive or threatening especially while under the influence (in work hours or otherwise) may well under the terms of Nigel's contract be deemed serious misconduct. If Nigel wasn't dismissed on the spot I think he should be counting his lucky stars.

I for one wouldn't want to be a lawyer defending him if that was the result.

Nigel should probably suck it up and be very certain he doesn't make a clown of himself in the same circumstances again, realising that he is very lucky to still have a job.

[tigertim20]

was Nigel payin full bar prices for his drinks?? or enjoying staff discounts at time of said abuse??..........just curious
There is absolutely no discount on alcahol for employees whatsoever. He was paying full bar prices, and was in every sense simply a patron at the time

Want me to go in and do the abusing?
Its not like wifey will say she knows me.. :innocent:

Sure, go for it. Ill put up the bail!

[DrunkenMistake]

The reason i ask is

If slutbag was hasseling Nigel about somthing concerning work and he was not on duty he could tell her to fuck off as hes not on duty.

Or was she just being a bitch to him baiting him hoping for this responce.

If its the person I am thinking of, I have herd mention of,
I think they are a general bitch, so probably option B

[DrunkenMistake]

There is absolutely no discount on alcahol for employees whatsoever. He was paying full bar prices, and was in every sense simply a patron at the time


Sure, go for it. Ill put up the bail!

Fuck off,
You told me you would replace that Camera of mine you conveniently placed somewhere while moving at a frowned apon speed on an R1.....
:facepalm:

[JMemonic]

We are down your way in November, is this an establishment we would visit for the one night we have there?

Not hard to visit then lay a formal complaint about said person, of course there needs to be a higher authority to complain to.

[tigertim20]

We are down your way in November, is this an establishment we would visit for the one night we have there?

Not hard to visit then lay a formal complaint about said person, of course there needs to be a higher authority to complain to.

My wife wants to give you a hug right now!!

[Berries]

Is "Nigel" any good as a chef? We're looking for a new one.

[Virago]

This falls under the terms of "Serious Misconduct". Most Employment Agreements will contain clauses on this, and will include references to "Harassment or abuse of a work colleague or customer".

Whether or not you may think the boss deserves the abuse, "Nigel" is skating on thin ice.

[blackdog]

and was in every sense simply a patron at the time



No, actually he was not. He was an employee, who in his unrostered time was enjoying the hospitality of his employer.

Again, I would not want to be his lawyer here because he will not win.

[tigertim20]

Fuck off,
You told me you would replace that Camera of mine you conveniently placed somewhere while moving at a frowned apon speed on an R1.....
:facepalm:
I said Id drop if off when I was done. It came off somewhere near your house . . .

If its the person I am thinking of, I have herd mention of,
I think they are a general bitch, so probably option B
highly likely, but cant be certain.

The reason i ask is

If slutbag was hasseling Nigel about somthing concerning work and he was not on duty he could tell her to fuck off as hes not on duty.

Or was she just being a bitch to him baiting him hoping for this responce.

Cant be sure im afraid.

Slutbag is a real cunt, and makes life pretty fuckin miserable for everyone, my wife included. Wifey cant afford to lose her job right now, so she cant afford to say or do anything about it, Hence my hope that 'Nigel' would get away with taking her down a peg or two.

Call it childish of me if you want, but every time (which is often) that my wife comes home upset about being treated like shit, its all I can do to restrain myself from going and smashing her fucking head in.

[blackdog]

This falls under the terms of "Serious Misconduct". Most Employment Agreements will contain clauses on this, and will include references to "Harassment or abuse of a work colleague or customer".

Whether or not you may think the boss deserves the abuse, "Nigel" is skating on thin ice.

Correct. Nigel should probably explore other avenues of discourse.

If he has any complaints about slut bag's behaviour the appropriate channels should be followed. A good hint is that these channels are best pursued whilst sober.

[tigertim20]

Is "Nigel" any good as a chef? We're looking for a new one.
Wifey says yes he is a very good chef.

No, actually he was not. He was an employee, who in his unrostered time was enjoying the hospitality of his employer.

Again, I would not want to be his lawyer here because he will not win.

He wasnt being paid, he wasnt in uniform, he wasnt performing any duties. He was a customer, nothing more at the time.
what he was at the time is not what I was asking though was it?

Opinions about whether slutbag would be legally entitled to provide a warning was what i was after, about which there seems to be a concensus at this point.

[tigertim20]

If he has any complaints about slut bag's behaviour the appropriate channels should be followed. A good hint is that these channels are best pursued whilst sober.

Any avenue will prove pointless due to her senior position, coupled with her close personal friendship with the only higher powers.

No wonder people resort to a cussing.

Sooner or later someone will smack her one. hopefully that happens when none of herfriends are around and the well deserved slaping goes unpunished

[blackdog]

Opinions about whether slutbag would be legally entitled to provide a warning was what i was after.

Of course she was. Depending on the wording in his contract I wouldn't be surprised if she wasn't entitled to dismiss completely upon his return to a meeting during his next shift.

I thought I had already said that.

[Virago]

...If he has any complaints about slut bag's behaviour the appropriate channels should be followed. A good hint is that these channels are best pursued whilst sober.

Correct. Most employers will take isolated comments made while under the influence with a grain of salt (many a mistake has been made at the proverbial office party), but the employee in question will no doubt be under future scrutiny.

But attempting to play the "I'm now a customer, so I can abuse you" card is just plain stupid.

[tigertim20]

But attempting to play the "I'm now a customer, so I can abuse you" card is just plain stupid.

*sigh. Nobody ever tried to play any card. thought that much was clear. I, as an outsider to the situation was simply trying to ascertain the likely outcome of the incident.

That is all.

[blackdog]

*sigh. Nobody ever tried to play any card. thought that much was clear. I, as an outsider to the situation was simply trying to ascertain the likely outcome of the incident.

That is all.

I'm not sure you are listening Tim.

In answer to your original question I think we have reached a common consensus that Nigel is lucky to still have a job.

In relation to the greater issue, which I suspect this is actually about there needs to be a strategy.

Talk to all involved, slutbag is subject to harrasment laws just like everyone else. Read the contracts that have been signed, take a greivance to the appropriate people.

If the case is your wife or Nigel being harrased, the law is actually weighted heavily in your favour.

[JMemonic]

I said Id drop if off when I was done. It came off somewhere near your house . . .

Thats actually dam funny, but I still wont lend you mine.


Slutbag is a real cunt, and makes life pretty fuckin miserable for everyone, my wife included. Wifey cant afford to lose her job right now, so she cant afford to say or do anything about it, Hence my hope that 'Nigel' would get away with taking her down a peg or two.

Call it childish of me if you want, but every time (which is often) that my wife comes home upset about being treated like shit, its all I can do to restrain myself from going and smashing her fucking head in.

Been through similar with the wife, certain staff/bosses just well making life harder than necessary and there is enough shit in that job as it is, thankfully she has changed jobs and life is sweeter. Now about that hug you have the phone number and I will see you either at MATES or the Magpie so we can chat there. About time your bride came to a rally isnt it....

Unfortunately Nigel is kinda umm screwed, I recall a case recently where a guy was fired under similar circumstances, but if he works in a separate area of the business that she is not a supervisor or superior he might possibly get a reprimand from his employer.

[DrunkenMistake]

Thats actually dam funny, but I still wont lend you mine.



Been through similar with the wife, certain staff/bosses just well making life harder than necessary and there is enough shit in that job as it is, thankfully she has changed jobs and life is sweeter. Now about that hug you have the phone number and I will see you either at MATES or the Magpie so we can chat there. About time your bride came to a rally isnt it....

Unfortunately Nigel is kinda umm screwed, I recall a case recently where a guy was fired under similar circumstances, but if he works in a separate area of the business that she is not a supervisor or superior he might possibly get a reprimand from his employer.

Short story,
It is more than probable that Nigel is in the shitter, BUT if he were to kiss ass with slutbag and apologies to her asap he might be able to talk his way out of it,
It doesnt matter if you are been paid or not, If I went into my work on my day off and swore my boss on the floor, Id get the sack! haha

Secondly,
Careful, Solly might dress up in a skirt for ya, so youll get a hug...

[nzspokes]

Any avenue will prove pointless due to her senior position, coupled with her close personal friendship with the only higher powers.

No wonder people resort to a cussing.

Sooner or later someone will smack her one. hopefully that happens when none of herfriends are around and the well deserved slaping goes unpunished

Complaint to the Dept of Labour under Health and Well being will get it sorted. Owner will think twice when facing fines. You dont have to put up with that crap these days.

[Oakie]

Complaint to the Dept of Labour under Health and Well being will get it sorted. Owner will think twice when facing fines. You dont have to put up with that crap these days.

Refer back to the original post:
During the course of the evening, Nigel gets a tad drunk.
Nigel says to slutbag 'fuck off'.

Just remember who was putting up with crap from whom in the first place.


I've been on the sideline of a couple of 'off duty' dismissals in the hospitality industry in similar circumstances:

1) A kitchen hand (a.k.a. 'a dishpig') sees a chef he had an argument with earlier that day at the pub. Follows him out at some stage and smacks him in the face. HISTORY!

2) An off duty waiter not even on a work day has a bit of an altercation with a guest while drinking in the house bar. Slugs the guest and is ... HISTORY. This last one saw the withdrawl of Tequila from the facility for a long time.

Ahhh, happy days at Mt Cook!

[nzspokes]

Refer back to the original post:
During the course of the evening, Nigel gets a tad drunk.
Nigel says to slutbag 'fuck off'.

Just remember who was putting up with crap from whom in the first place.


I've been on the sideline of a couple of 'off duty' dismissals in the hospitality industry in similar circumstances:

1) A kitchen hand (a.k.a. 'a dishpig') sees a chef he had an argument with earlier that day at the pub. Follows him out at some stage and smacks him in the face. HISTORY!

2) An off duty waiter not even on a work day has a bit of an altercation with a guest while drinking in the house bar. Slugs the guest and is ... HISTORY. This last one saw the withdrawl of Tequila from the facility for a long time.

Ahhh, happy days at Mt Cook!

No I was talking about Tims wife feeling threatened. Not the fuck off situation.

[Oakie]

No I was talking about Tims wife feeling threatened. Not the fuck off situation.. OK. I didn't go back over the old posts so probably missed the context.

[marty]

it depends on the context of the 'fuck off'

if she said 'hey did you hear that the warriers beat the storm?' and he said 'fuck off' in a disbeleiving tone, then it's probably ok.

if she said 'i've rostered you to work the night of the RWC final' and he said 'fuck off' then he's on thin ice.

if she said 'come upstairs with me and give it to me big boy' and he said 'fuck off', he's probably in a bit of trouble.

[Indiana_Jones]

Don't shit on your own back lawn.

-Indy

[DrunkenMistake]

Don't shit on your own back lawn.

-Indy

Tell that to my dog.

:facepalm:

[Indiana_Jones]

Tell that to my dog.

:facepalm:

lol you should tell him, with your foot up it's bum!

-Indy

[Flip]

Sounds to me like Nigel is not a very smart operator. Being at work, getting drunk and abusing a supervisor on his day off, well how does he expect this will end?:facepalm: (Insert my favorite Homer quote here).

The only reason he probably hasn't been dismissed is his employer doesn't have a replacement for him yet. It's almost impossible to dig yourself out of a serious misconduct dismissal for doing this, unless he has a brilliant relationship with the business owner.

Poor old Nigel time to start looking for a new job. He is fucked :bye:.

One thing you haven't told us is, what is the relationship between Ms Sluttypants and the business owner?

[JMemonic]

Don't shit on your own back lawn.

-Indy

Orly, tell that to thousands of Christchurch residents that had to recently, or the hundreds the still have to.

[Jantar]

There is a very good reason why staff in the hospitality industry generally don't drink at their place of work. Nigel may be about to find out that reason.

[ellipsis]

1. I thought it was a given that chefs think they have a licence to be obnoxious whenever they liked and that clause would be written into their contracts..

2) I thought everyone knew chefs have a licence to be obnoxious..

3) If he is a good chef, he wouldnt have any problem getting a new job...

4) Alcohol is the major cause of most peoples interactive work/social problems...

5) If he was not the "obnoxious" party in this trivia, he ain't a real chef..

[Indiana_Jones]

Orly, tell that to thousands of Christchurch residents that had to recently, or the hundreds the still have to.

I think some people are a bit too literal....

-Indy

[Indiana_Jones]

1. I thought it was a given that chefs think they have a licence to be obnoxious whenever they liked and that clause would be written into their contracts..

2) I thought everyone knew chefs have a licence to be obnoxious..

3) If he is a good chef, he wouldnt have any problem getting a new job...

4) Alcohol is the major cause of most peoples interactive work/social problems...

5) If he was not the "obnoxious" party in this trivia, he ain't a real chef..

Is 'fatt max' a chef.........?

-Indy

[tigertim20]

Complaint to the Dept of Labour under Health and Well being will get it sorted. Owner will think twice when facing fines. You dont have to put up with that crap these days.
The problem with taking action like that, especially in the hospo industry, is that your name receives a big, black mark, and the chances of getting other employment with ease is slim. Ive worked in hospo here myself, and seen how often 'making waves' like that results in 'find another type of work' because you basically get an unofficial blacklisting by the hospo industry. Its also difficult when the slutbag and the higher management/owners are best of friends, and will simply close ranks. It means the chances of you getting any vindication are slim, and theyll will simply ride you harder till you give up and leave, or they catch you out on something borderline that they can fire you for.

Refer back to the original post:
During the course of the evening, Nigel gets a tad drunk.
Nigel says to slutbag 'fuck off'.

1) A kitchen hand (a.k.a. 'a dishpig') sees a chef he had an argument with earlier that day at the pub. Follows him out at some stage and smacks him in the face. HISTORY!

2) An off duty waiter not even on a work day has a bit of an altercation with a guest while drinking in the house bar. Slugs the guest and is ... HISTORY. This last one saw the withdrawl of Tequila from the facility for a long time.

Ahhh, happy days at Mt Cook!
Dunno about you, but Id consider Assault to be somewhat more serious than telling someone to fuck off!!


Sounds to me like Nigel is not a very smart operator. Being at work, getting drunk and abusing a supervisor on his day off, well how does he expect this will end?:facepalm: (Insert my favorite Homer quote here).

The only reason he probably hasn't been dismissed is his employer doesn't have a replacement for him yet. It's almost impossible to dig yourself out of a serious misconduct dismissal for doing this, unless he has a brilliant relationship with the business owner.

Poor old Nigel time to start looking for a new job. He is fucked :bye:.

One thing you haven't told us is, what is the relationship between Ms Sluttypants and the business owner?

slutbag and the higher management/owners are very very good friends, have been for years, which contributes to slutbag being such a... slutbag. She can get away with it. Numerous complaints have been made in the past, of course nothing happens, or slutbag simply throws a counterclaim out there, and guess whose claim is given weight? . . .

As soon as circumstances change enough, wifey will be outta there, Hopefully 'Nigel' has the sense to get out too, but for wifey at least, leaving right now isnt really an option for us

[george formby]

1. I thought it was a given that chefs think they have a licence to be obnoxious whenever they liked and that clause would be written into their contracts..

2) I thought everyone knew chefs have a licence to be obnoxious..

3) If he is a good chef, he wouldnt have any problem getting a new job...

4) Alcohol is the major cause of most peoples interactive work/social problems...

5) If he was not the "obnoxious" party in this trivia, he ain't a real chef..

Even Chefs grow up at some point, usually after abusing / rogering a supervisor whilst intoxicated & off duty & living with the consequences. Slow learners maybe, but if they are in the industry long enough they do learn. Yes, I am speaking from experience. Anybody remember the TV series The Lakes?

[Winston001]

Tell "Nigel" to look up russellmcveagh.com there's a section on out of hours behaviour.

Yes, good suggestion. Its a good article, only three pages long, and give examples of cases of misconduct outside work.

http://docs.google.com/viewer?a=v&q=cache:v9B9eUDh93kJ:www.russellmcveagh.com/_docs/EmploymentNewsJul09_234.pdf+russel+mcveigh+out+of+ hours+behaviour&hl=en&gl=nz&pid=bl&srcid=ADGEESgJBXopw4_jiekJYbvWIUt793TBTYyuYs1IMPEN U-EevXiSmQ-GOYCJPyN8aG3IiImUj36xbd-KrMpv_1eNGFesmds8YdjU9aeLzk3Xx2d74zKVF-J9jxY79ETE_BGNJwCDN9m6&sig=AHIEtbS-0To6evFwKGVuiWeXhNTRvkrK0w&pli=1


This falls under the terms of "Serious Misconduct". Most Employment Agreements will contain clauses on this, and will include references to "Harassment or abuse of a work colleague or customer".


Well said and even wider than that - Undermining the trust and confidence between employer and employee. Its general law not even required to be stated in an employment agreement.

IMHO for what its worth, Nigel is on the back foot. He can be given a valid warning. Dismissal is a whole level above that and could be argued against.

The reason is that employment law is fundamentally aimed at protecting people from losing their jobs. On the bare facts, Nigel would succeed but its a close call. Thank goodness we have eager employment lawyers FTW. :woohoo:

[fuknKIWI]

XTC - Making Plans For Nigel


http://www.youtube.com/watch?v=8k_ZHl2aazA&feature=fvst

[fuknKIWI]

Bugger I should have read some more before posting:facepalm:
There's a reason why some hostility venues don't allow staff to patronize the business whilst off duty:yes:

....

[Oakie]

Dunno about you, but Id consider Assault to be somewhat more serious than telling someone to fuck off!!

The point I was making was that both lost their jobs for off duty incidents.

[Big Dave]

I think the live clip was better anyway - the 'official' video blows chunks. 'swhy I didnae post it.