Employment vs personal. A legal question.

[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.....

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.