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Should He Listen To Them Or Go Ahead With It? - Jobs/Vacancies - Nairaland

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Should He Listen To Them Or Go Ahead With It? by QuinModah(f): 5:37pm On Nov 30, 2022
Recently I was informed of a case where an employee was accused of stealing. His department has no direct dealing with funds, and one wonders how he carried such an act. He was suspended immediately without any evidence, the investigation process was shady, and after two days he was arrested and told to provide the money he stole from the organization, or else would be charged to court.

He maintained he did not steal and the organization should carry out a proper investigation as he has no idea what is happening. While he was arrested they called in an expert to check his mail and other links for evidence and found nothing. He was locked up in the police cell for two weeks and was only released because the MD requested he resume work immediately.

Upon resumption, he was invited to the MD's office for an apology as their investigation showed the money was not stolen but the proper account was not done.

Now, he wants to sue the organization for unfair treatment and they are pleading for a settlement outside the court.

Should he listen to them or go ahead with it?

The negligence of proper investigation led to him being locked up in the police cell for two weeks with torture and humiliation. Also, his goodwill in that organization has been tarnished.

All of this could have been avoided if a proper Disciplinary Investigation was carried out. During disciplinary investigations do not assume what the resolve is until you investigate and have facts with evidence.

Despite every effort, even the best-run businesses may encounter disciplinary problems with employees from time to time. There is no perfect organization, hence the need for policies and procedures that aid best practices.

Although it is always best to focus on effective management practices and preventative measures, having clear and fair disciplinary procedures is a good first step in avoiding difficult employment tribunals.

It is advisable to have a detailed policy in place to address various disciplinary issues, and when there is an issue, especially a case or Gross misconduct, The HR Head should ensure due diligence is carried out to the letter so that no one is accused wrongly.

Please let me know your thoughts on the previous story of the young man accused of stealing would you advise him to settle out of court or sue the organization?

5 Likes

Re: Should He Listen To Them Or Go Ahead With It? by akaleb2015(m): 12:00pm On Dec 01, 2022
He should not listen to them my question is why did they not make proper investigation before taking legal actions against him now they have tarnished his image and his credibility and they are now looking for his apology to be considered some companas charge the culprit to cult and would kill the culprit. My conclusion is let the court be the mouth piece of the guy and the company should sign an undertaking that nothing should of any form should happen to the guy

51 Likes 1 Share

Re: Should He Listen To Them Or Go Ahead With It? by aylive02(m): 12:24pm On Dec 01, 2022
Make e go ahead and cash out. Simple!

92 Likes 5 Shares

Re: Should He Listen To Them Or Go Ahead With It? by QuinModah(f): 2:46am On Dec 07, 2022
undecided
aylive02:
Make e go ahead and cash out. Simple!

1 Like

Re: Should He Listen To Them Or Go Ahead With It? by dietsono(m): 3:55pm On Dec 08, 2022
Good
Re: Should He Listen To Them Or Go Ahead With It? by PrettyBolu(f): 3:55pm On Dec 08, 2022
Well, this is a very simple case. Listen to my advice. It is the best solution for him. He needs to get a lawyer immediately.

Most people use where they have worked as referrals. Even if you do not use where you have worked as a referral, you do add it to your CV under working experience. Some recruiters reach out to past employers to make inquiries about the candidate.

Let him get a lawyer. The MD should write an official apology letter. Stamp and signed in the company letterhead. In the letter, the MD should clearly state that he would give honest and good feedback about the boy's honesty if ever he is asked. If need be, get an order refraining him from speaking bad about the boy. Any act to speak bad about the boy will be taken as outright defamation of character.

Why do I say this? The boy might just accept an apology from the mouth of the MD and he stops working there. If a new employer calls the MD to make inquiries about the boy, you would be shocked at what the MD might say. Some Nigerians are very very wicked. He would tell them the boy stole from him. And that will be the end of the boy's chances in the new place of work.

Let him get a lawyer. He needs a written apology. He needs the MD to put in writing that he would refrain completely from defaming the boy's character henceforth. If the boy doesn't do this, he would be playing with his future. A man that can lock you up for 2 weeks without proper investigation can easily say evil about you without blinking.

225 Likes 19 Shares

Re: Should He Listen To Them Or Go Ahead With It? by jeeqaa7(m): 3:55pm On Dec 08, 2022
resign

4 Likes

Re: Should He Listen To Them Or Go Ahead With It? by Omniman(m): 3:55pm On Dec 08, 2022
smiley

1 Like 1 Share

Re: Should He Listen To Them Or Go Ahead With It? by Slawomirr: 3:56pm On Dec 08, 2022
Damnnn niggar

Grab my weed to read comments

If he know say him fit sue them and win no wahalar

Nor be say he go come start wetin him nor fit finish

Cash out shaperly

Make you go carry sure odd with the money

13 Likes 1 Share

Re: Should He Listen To Them Or Go Ahead With It? by emmanuel596(m): 3:56pm On Dec 08, 2022
Sue
Re: Should He Listen To Them Or Go Ahead With It? by sofeo(m): 3:56pm On Dec 08, 2022
Ok.
Re: Should He Listen To Them Or Go Ahead With It? by Nobody: 3:58pm On Dec 08, 2022
cool

Which wan get money pass . OUT of COURT or IN COURT

Just choose the wan wey get money pass grin

13 Likes

Re: Should He Listen To Them Or Go Ahead With It? by beautyhd: 3:58pm On Dec 08, 2022
Something similar happened to me.

My department has no direct contact with money but one idiot felt she needs to go up the ladder by lying against me, I was on leave when they called me to clear my name.

When they wouldn’t tell me who lied against me, I sued them and the MD was mad because nobody told him about it as he held me in high esteem, as they got the letter they settled the matter immediately and the bearer of the false news kept apologizing.

They got the message I sent which is mess with my integrity and get your ass sued.

Sue them, you might find out that someone is framing you. This is to send a message but don’t allow it get to court.

49 Likes 2 Shares

Re: Should He Listen To Them Or Go Ahead With It? by buygala(m): 3:58pm On Dec 08, 2022
Court case is always 50/50... He might win or lose, no matter the facts..

Besides, we just have his own side of the story.. There are always 3 sides to a story.. The complainant's side, the Suspect's side, and the truth.. And it is almost always unlikely that any of the parties involved is saying the whole truth.

A good lawyer for the company can so upturn the facts that op might end up not only losing d case, but also having damages awarded against him in favor of the company

Courts don't care what really happened.. It's only concerned with what can be proved before it..

He should accept the settlement and rest.. As an individual, it's even very unlikely he has the financial warchest to litigate with a Company.. Company wey just to frustrate am, dem go drag case for years, even reach Supreme Court.

10 Likes 1 Share

Re: Should He Listen To Them Or Go Ahead With It? by aspabay(m): 3:59pm On Dec 08, 2022
He should just accept any compensation and resign.

7 Likes 2 Shares

Re: Should He Listen To Them Or Go Ahead With It? by Houseofglam7(f): 3:59pm On Dec 08, 2022
lipsrsealed
Re: Should He Listen To Them Or Go Ahead With It? by Formularcr7: 3:59pm On Dec 08, 2022
It's better to settle out of court if the apologies was sincere because in Nigeria,it takes a long time to get justice and even longer time to implement court orders

5 Likes

Re: Should He Listen To Them Or Go Ahead With It? by bestman09(m): 3:59pm On Dec 08, 2022
shocked

Court ke? Court that can take ages to get judgement. He should go for out of court settlement. Court should be the last option if the out of court settlement fails.

And he should be looking for another job too.

4 Likes

Re: Should He Listen To Them Or Go Ahead With It? by LuvsBeautifl: 3:59pm On Dec 08, 2022
I'm not a lawyer, but I'd advise that he accept mediation out of the court but in the presence of a legal team. Proper documentation should be done, if possible the mediation should be recorded.

Then he should remain in the organization. This gives him an edge. With such, if they want to even fire people, it will be hard for them to do that to him.

All documents should and must be signed by the proper bosses, no one should sign on behalf of any.

He should then start looking for other better opportunities. Once he gets one, he should leave. Just incase his new organization decides to get info about him from previous place of work, it wouldn't be difficult.

Just my 2 cents.

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35 Likes 2 Shares

Re: Should He Listen To Them Or Go Ahead With It? by Hopebringer: 4:00pm On Dec 08, 2022
Like the FRAUDSTER commented above..frankly I only think he should sue if he is capable of a long lengthy drawn out trial because the MD would try to use means to contest it.

Secondly he should go on twitter and expose everything to make it trend that way he would get top lawyers who are willing to take up his case pro-bono for a percentage at the end


Surely.he is better off suing them then if they call for put of court settlement with a reasonable sum like say 10 million he should accept

5 Likes

Re: Should He Listen To Them Or Go Ahead With It? by babaRUNtinz(m): 4:00pm On Dec 08, 2022
Either of the ways
Re: Should He Listen To Them Or Go Ahead With It? by 27Pushing30: 4:00pm On Dec 08, 2022
Get a good lawyer and carefully calculate a payable compensation package and put it forward

Otherwise sue and have the court instruct them to pay what you’re asking for

Simple

But sha know that either way he is to resign his appointment immediately and the letter should contain said incident and how it has left him mentally shaken AND traumatized add PTSD sef

4 Likes

Re: Should He Listen To Them Or Go Ahead With It? by MiaBeer(m): 4:01pm On Dec 08, 2022
shocked
Re: Should He Listen To Them Or Go Ahead With It? by Naturalgbola(m): 4:01pm On Dec 08, 2022
sue them now.
Re: Should He Listen To Them Or Go Ahead With It? by kripen(m): 4:01pm On Dec 08, 2022
If he likes to continue work in the organisation he should settle with them out of court but if he thinks he can't continue in the organisation anymore he should sue them and cashout and find a better thing to do elsewhere.

1 Like

Re: Should He Listen To Them Or Go Ahead With It? by cayorday89(m): 4:01pm On Dec 08, 2022
His reputation and the endless mental and physical torture in cell/prison experience for two weeks for a crime he never committwd can not and will never be quantified monetarily nor a long running court case, he should just settle out of court with a huge sum in compensation. Slammed My Gavel.. Case Closed.. Court Rise...


daben1:
If he agrees to settle out of court, I see the company sacking him very soon
Best is for him to resign even if I am sure they will not make an attempt to sack him, unless he is someone that really gets over things like that easily.

4 Likes 1 Share

Re: Should He Listen To Them Or Go Ahead With It? by daben1(m): 4:01pm On Dec 08, 2022
If he agrees to settle out of court, I see the company sacking him very soon

4 Likes

Re: Should He Listen To Them Or Go Ahead With It? by CuteTj(m): 4:02pm On Dec 08, 2022
he can settle out of court but inaddition to whatever compensation he settles for, he should demand for a public apology in at least 2 national newspapers. That can at least manage to salvage his tainted image in public.

9 Likes

Re: Should He Listen To Them Or Go Ahead With It? by Nobody: 4:02pm On Dec 08, 2022
QuinModah:
Recently I was informed of a case where an employee was accused of stealing. His department has no direct dealing with funds, and one wonders how he carried such an act. He was suspended immediately without any evidence, the investigation process was shady, and after two days he was arrested and told to provide the money he stole from the organization, or else would be charged to court.

He maintained he did not steal and the organization should carry out a proper investigation as he has no idea what is happening. While he was arrested they called in an expert to check his mail and other links for evidence and found nothing. He was locked up in the police cell for two weeks and was only released because the MD requested he resume work immediately.

Upon resumption, he was invited to the MD's office for an apology as their investigation showed the money was not stolen but the proper account was not done.

Now, he wants to sue the organization for unfair treatment and they are pleading for a settlement outside the court.

Should he listen to them or go ahead with it?

The negligence of proper investigation led to him being locked up in the police cell for two weeks with torture and humiliation. Also, his goodwill in that organization has been tarnished.

All of this could have been avoided if a proper Disciplinary Investigation was carried out. During disciplinary investigations do not assume what the resolve is until you investigate and have facts with evidence.

Despite every effort, even the best-run businesses may encounter disciplinary problems with employees from time to time. There is no perfect organization, hence the need for policies and procedures that aid best practices.

Although it is always best to focus on effective management practices and preventative measures, having clear and fair disciplinary procedures is a good first step in avoiding difficult employment tribunals.

It is advisable to have a detailed policy in place to address various disciplinary issues, and when there is an issue, especially a case or Gross misconduct, The HR Head should ensure due diligence is carried out to the letter so that no one is accused wrongly.

Please let me know your thoughts on the previous story of the young man accused of stealing would you advise him to settle out of court or sue the organization?


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1 Like 1 Share

Re: Should He Listen To Them Or Go Ahead With It? by remymartyn: 4:04pm On Dec 08, 2022
He should settle in court

If he settles out of court, he's asking for a witch-hunt from the company because chances are that he'd continue working with them

If he settles in court, he collects his money and both he and the company go their separate ways

2 Likes 1 Share

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