Suspended from work, and I'm innocent.

flexrider

Booie wrote: »

With all this said tho, none of what was said has any witnesses, except maybe his screaming rant that my son was suspended, coz that came directly after my boy spoke to secretary, so altho everything you say is true, its not going to help with the case as he is being investigated for conduct, and breach of trust. But he is a keyholder and therefore a trustee, it is so pathetic.

How can it be a breach of trust? from my own defination a breach of trust is followed in law as this


Noun1.breach of trust - violation (either through fraud or negligence) by a trustee of a duty that equity requires of himbreach of contract - a breach of a legal duty; failure to do something that is required in a contract
or
breach of trustn (Law) Law a violation of duty by a trustee or any other person in a fiduciary position

Collins English Dictionary – Complete and Unabridged © HarperCollins Publishers 1991, 1994, 1998, 2000, 2003




He may be the trusttee as you say but the manager needs evidence to prove he has broken either the trust and since you said he has wiped the videos.....what evidence do they have on this?

just curious
thanks

Booie_2

prowla wrote: »

Just some random thoughts:

• Did you son have the right to go back in to the premises? I guess giving him a key says he did.
• He is 2nd Assistant Steward, the Assistant manager is on holiday, and tuesday my son was rota'd on to open bar and sort out till and stock etc.
• Had he ever gone back in before (having forgotten something, or whatever)? If so, then it could be normal practice.
• Not in this fashion no, but he has been back yes to collect shoes.
• Was there actually anything there for him to (allegedly) steal? If not, then what the heck is the accusation?
• No, only bottles from the optics i guess, My son is convinced that the accusation has come from the fact that since my son told his boss in the week that he was no longer drinking, due to getting healthy, that he was boring and a party pooper, and sunday he had got alot of grief from the manager as he was not attending a staff and certain customer after drink session. It wasn't a team building or anything to do with promotions for the club, and all the staff and select regulars were slaughtered already, as I'd seen them.
• How could he forget tips (coins?) in his trouser pocket?
• He usually always puts his tips in his coat pocket, but because he was being shoo'd out at 5.55, he must of put them in his trouser pocket, where he never puts his tips, as he keeps keys in there, and he's lost money in the past by pulling keys out and throwing money all over the place. He was sat in car, with seatbelt around him, he felt his pockets in car, he dint feel the £5 note and £2 coin.
• Was there anything going on to make the manager suspicious of anybody (eg. had tips gone missing before)?
• No, tips have never gone missing, They all have their own jar for tips, my son would have left his there if he'd not needed it to get into work today to fetch wages, or to get into work for tuesday, either way, he needed it, and no one would have touched it, coz they dont do that to each other, nothing has ever been taken which involved the staff.
• The manager did get an old friend to look after his flat above the bar while he and his wife went on holiday for 2 weeks, the flat has a direct link to the club, and he did lose alot of money, as his 'friend' took almost a grand of the bosses and his wifes money, (nothing to do with business and several bottles of vodka. (business) which was caught on camera.

apologies for red, it just shows more that I have written against your points.

Booie_2

flexrider wrote: »

How can it be a breach of trust? from my own defination a breach of trust is followed in law as this


Noun1.breach of trust - violation (either through fraud or negligence) by a trustee of a duty that equity requires of himbreach of contract - a breach of a legal duty; failure to do something that is required in a contract
or
breach of trustn (Law) Law a violation of duty by a trustee or any other person in a fiduciary position

Collins English Dictionary – Complete and Unabridged © HarperCollins Publishers 1991, 1994, 1998, 2000, 2003




He may be the trusttee as you say but the manager needs evidence to prove he has broken either the trust and since you said he has wiped the videos.....what evidence do they have on this?

just curious
thanks

No, the videos haven't been wiped, as far as i know anyway, I was just wondering if rather than asking for cctv copies now, which could cause them to go on panic mode and concocting more stories, if there was anyway to ask if the cctv footage be held safe by chaiman or secretary pending investigation.
But we are going to get copies.

Booie_2

vax2002 wrote: »

Have you come here for advice or sympathy ?
I am confused.
I will ask again, HOW LONG has your son worked in this Job

Blimey, I didn't reply because as said in my FIRST POST, 3 years,

mountainofdebt

Booie wrote: »

Blimey, I didn't reply because as said in my FIRST POST, 3 years,

You beat me to it Booie.

As for asking the CCTV tapes it may send them into panic mode but they sure as hell won't know why your son wants them.

But as SarEl has pointed out how can your son defend himself when he doesn't know what is being alledged?

vax2002

THANK YOU
I am sorry I could not see it in the first post amongst the many paragraphs.
Right Here is My advice based upon that answer.
He is still employed, he should get in touch with this union if he wants to keep his job and end the bullying, rights or wrongs, he is on his own here and they know it.
link:
https://www.usdaw.org.uk

Sambucus_Nigra

I'll make sure that he doesn't introduce her as anyone personal to the family, just by her job titles and we'll have the letter with us to show that friend was stated.

No, I meant only introduce her as a friend, don't mention her job title at all!

Sambucus_Nigra

I would also take note of ALL of the queries posted on here and have answers typed out in advance, so that if it comes up he can show that he has been through each scenario and still cannot fathom out what he did and why it was wrong.....it also gives him questions to ask 'has money been taken before, why the attitude change just because I don't go drinking with everyone, I came back before to get shoes so why wasn't I suspended before? etc etc

SarEl

flexrider wrote: »

How can it be a breach of trust? from my own defination a breach of trust is followed in law as this


Noun1.breach of trust - violation (either through fraud or negligence) by a trustee of a duty that equity requires of himbreach of contract - a breach of a legal duty; failure to do something that is required in a contract
or
breach of trustn (Law) Law a violation of duty by a trustee or any other person in a fiduciary position

Collins English Dictionary – Complete and Unabridged © HarperCollins Publishers 1991, 1994, 1998, 2000, 2003




He may be the trusttee as you say but the manager needs evidence to prove he has broken either the trust and since you said he has wiped the videos.....what evidence do they have on this?

just curious
thanks

No - it was actually me that said I would bet they will have been taped over.

But I have to repeat - Collins dictionary (nor any other for that matter) does not define what a breach of trust is in employment law terms. There is NO requirement for evidence. The only requirement is "reasonable belief" and that can literally be "we believe the manager and not you". I do not think many people appreciate the vagaries of employment law - this is not criminal law and evidence is not required. Honestly!

SarEl

vax2002 wrote: »

THANK YOU
I am sorry I could not see it in the first post amongst the many paragraphs.
Right Here is My advice based upon that answer.
He is still employed, he should get in touch with this union if he wants to keep his job and end the bullying, rights or wrongs, he is on his own here and they know it.
link:
www.usdaw.org.uk

He isn't in a union! So what would be the prupose of contacting a union he isn't a member of???