advice needed.possible legal matter

[Team Loco]

work situation that has gone wrong. need to figure out the way forward. serious advice needed.

yesterday 16th july a work crew returned from a job site in point fortin. the driver complained the a/c in the vehicle was not working. i signaled to my mechanic to come over to the truck, lets have a look. upon opening the inner cab hood, a bottle rolled forward and i had to react fast to catch it before it rolled into the engine. the bottle was clearly a re-used VAT-19 rum bottle filled with an opaque liquid with a home made label on the bottle saying "sorrel". had a good look at it and it wasnt sealed. i opened it and it was clearly some alcohol drink, probably sorrel wine. i asked the mechanic for a second opinion, he reacted negatively since the odour immediately burnt his eyes.
i removed the item from the truck and stored it on my work desk. in worker orientation, it is clearly stated that no alcoholic beverages are to be kept on person or company property. i mean, thats obvious.

today, the crew left as usual for pt fortin. as soon as i got to work, i passed on the bottle to the HSE department and told them where i found it. i gave no opinion on the matter. by 12noon, i was informed by management the bottle will be returned to the supervisor of the crew. he had claimed the item to be his. management said no one was found drinking it, so no case. at 2pm, i recieved a call from the said supervisor. it startedoff with the basic niceties etc. then he told me the item was a "kidney flush medicine" .i said ok, please come collect it. what he said next shocked me. he said he doesnt want it back because i opened it and may have contaminated it. i was like WAH??!!!. claimed he paid $250 for it and i should have not interfered with his property. eventually we got into a heated argument and well......i used some french on him.......

what happened next was even worse. one manager, 2 mins after i spoke to the supervisor, sent for the bottle, kept it in his office. the supervisor showed up 5 mins after (just returned from jobsite)and went straight into the manager's office and collected the bottle. i understand the manager told him, dont worry, this is not alco. take it back.

hear this!!! THE SUPERVISOR WAS DRUNK WHEN HE COLLECTED THE BOTTLE!!! STONE DRUNK!

about 2hrs ago, i got a msg from a co-worker, that i was being written up for tampering with property not belonging to me, being disrespectful to a supervisor. and that i will be asked to pay the $250.00

guess what's my position in the company:

Company director, second in command to the managers, second from top of the org chart.
business development officer.

what allyuh think?

and no, i didnt drink any...........

[*$kїđž!™]

fell asleep half way thru readin that.....

[rollingstock]

Slap him silly

[nervewrecker]

WTF, good workers really hard to find yes (my ex boss tole me that plenty time). All that disrespect and them still working for you too man?

[De Dragon]

Put yuh cocoloks in de bottle.....

[rfari]

Tell him tuh hhmc and sue yuh if he bush medicine that important.

[Rory Phoulorie]

1) As top management in the company, you are bound by the rules of professionalism. You should not have used the type of language that you used.

2) If your Personnel and Policies Procedures Manual has a clear position on alcoholic beverages, then all you can do is take the appropriate action against the worker for this specific violation. If no PROPER test was done to determine whether he violated the company's drug and alcohol abuse rules, then you cannot take any action against him for being intoxicated.

3) With respect to the liquid being a "kidney flush medicine", let him bring a doctor's report substantiating that claim. Otherwise, you as top management had good cause (VAT 19 bottle and the company's alcohol abuse policy) to open the bottle to examine the contents.

4) Write your HR department stating clearly the evidence that was presented to you which supported the action you took. Ensure that you can support your actions by referring to the relevant sections in your Personnel and Policies Procedures Manual.

5) Acknowledge that your behaviour towards the worker was inappropriate and submit a formal apology for the language used (and nothing else once you did not violate company policy). DO NOT make any excuses for your behaviour, just apologise.

6) Submit a comprehensive written report to the Managing Director/CEO of your company explaining your position on the matter and copy the report to your HR department. Support your case with the relevant sections of your Personnel and Policies Procedures Manual. Acknowledge your error in the language used with the worker and confirm that you have apologised to the worker for your own inappropriate behaviour.

I trust that the above recommendation are of some help.

Kindest Regards,

RP

P.S. I still haven't gotten that quotation from you for the bull-bars.

[rfari]

If u admit to cussing him up u's a dummy

[Rory Phoulorie]

If u admit to cussing him up u's a dummy

Go tell that to the Employer's Consultative Association.

[rfari]

If u admit to cussing him up u's a dummy

Go tell that to the Employer's Consultative Association.

Nah. That eh make sense

[Rory Phoulorie]

If u admit to cussing him up u's a dummy

Go tell that to the Employer's Consultative Association.

Nah. That eh make sense

You are still very young in the game. If you continue with that attitude, your subordinates will "lick you up" in Industrial Court.

[Team Loco]

Thanks rory. I will look into th latter. I agree with what you have said. However it ha always been on e sided. They can use indutrial language on you everyday and get away with it. But you let go ome choice words on them once and all of a sudden they know their right. SOmetime I wonder if STOW and osha have weakened the position of Seniority and management in companies

[Gx7]

jus pay the $250 becuz the politics in the company has already shown that your are wrong in the matter taking it legal may affect your job , and the way people react to you on the work place........ its going to cost you $300 just to see an attorney about $1200 to do a legal letter ...... best bet is to pay the $250 ..... and eat humble pie ....

[civic minded]

what did the company lawyer advised you to do?

[Team Loco]

The industrial language went both ways

[Gx7]

If u admit to cussing him up u's a dummy

Go tell that to the Employer's Consultative Association.

Nah. That eh make sense

You are still very young in the game. If you continue with that attitude, your subordinates will "lick you up" in Industrial Court.

x2

[Team Loco]

The whole underlying thing behind this is the cuthroat mentality of indian businessmen and placing income and the posibility of losing income if action I taken against a worker, over principle.

In other words, find a fall guy

[rfari]

If u admit to cussing him up u's a dummy

Go tell that to the Employer's Consultative Association.

Nah. That eh make sense

You are still very young in the game. If you continue with that attitude, your subordinates will "lick you up" in Industrial Court.

Real world homie. This isn't a textbook

[Rory Phoulorie]

The whole underlying thing behind this is the cuthroat mentality of indian businessmen and placing income and the posibility of losing income if action I taken against a worker, over principle.

In other words, find a fall guy

Send me your Policies and Procedures Manual. I will write the report for you. Don't pay sheit to anyone. Just give me a 15% discount on the quotation for the 2 No. bull-bars as payment for my services.

Kindest Regards,
XXXXXXXXXX Consultants Limited

Rory Phoulorie
Managing Director (Ag.)

[Team Loco]

Boy rory, I can't tell you how sorry I am thoe quote haven't reached you yet. But a you can see from my situtation, I'm always in a tough spot. A for the report, let's see how wednesday goes

[Duane 3NE 2NR]

The language was uncalled for.

If the bottle was in a company truck then you as a senior officer have every right to inspect it. if it was in his vehicle, then you in more trouble.

[Team Loco]

Company mitsubishi canter truck

[Pre]

I don't mean to offend you Loco but for someone in your position within a company you handled that situation quite poorly.
1. Your position and your status seem to be quite different. I don't care what any leadership models say, in your environment ruling with a iron fist and instilling fear should be your duty.
2. Regardless of your feelings and the appropriateness of your language in the situation you showed limited foresight and exposed yourself by 'breaking the law' as well I'm sure breaching company policy.
3. If the bottle contained a alcoholic substance and you launched an inquiry into it you should have followed through with it properly ie proper documentation of your query and activities with the substance when handed over to HSE hence protecting yourself and not giving upper management the opportunity to take the stance it did. Regardless of its purpose alcohol is alcohol and procedure must be followed especially HSE. Remember weed is good for glaucoma but it could still get your job site shut down.
I feel for your situation, honestly I don't see any right way out for you as any course of action will have its ramifications, you should weigh your pros and cons and choose the least damaging option.
I deal with similar situations at work the difference is I have the power to fire if necessary.If I were you I was not going to let any subordinate 'coast' on me like that especially if I plan to remain with the company.
I hope it works out for you. You live you learn.

[Bacon]

jus pay the $250 becuz the politics in the company has already shown that your are wrong in the matter taking it legal may affect your job , and the way people react to you on the work place........ its going to cost you $300 just to see an attorney about $1200 to do a legal letter ...... best bet is to pay the $250 ..... and eat humble pie ....

No No No.... S

Fack him hard!!!!!........Doh back down. Given your role at said place you hadda excercise your weight....You go loss too much respect if you let this wrong and strong kant advantage you. This should not be about money sti7.

Seek the correct counsel and take it from there.....The mistake is that you doh have it in your possesion to prove that it is/was alcho.

Tell him that you will buy it personally from the place he bought it from.....see what he go tell you.

[Team Loco]

Bacon, how things? I ent chupid. I had hse keep a sample.

Pre. I appreciate the advice. Proper documentation was followed. I did a written statement

[Bacon]

Bacon, how things? I ent chupid. I had hse keep a sample.

Pre. I appreciate the advice. Proper documentation was followed. I did a written statement

I cool, tnx.

Nice ......Den yuh fix....

Break the facker!!!!!!

[Team Loco]

Yup bacon. Principle I principle. I sorry I cus him eh. You know me and many do. I don't even get vex much less tell somone off. Today I got angry over the fact this man want me to pay him $250 because I tamper with his alco. No way TL stepping down on this one

[Bacon]

We is human S...he could try and milk dat all he want...What his feelings was hurt???? Psssshhhht :/

His actions puttin himself, your customers, his co-workers (his subordinates) and your company at risk.....not to mention the general public seein that he does most likely be the one driving.

Man coulda just come humble, pull you square and admit he was in the wrong and take a lil rough up.... BUT....

Keep us posted.

[cinco]

why is a company director going to check out the ac in a truck with a mechanic?

[dsstt]

pay him the $250 and ketch him outside work and res some hand on em.