First firing

[Anoree]

Originally Posted by mart

It is a difficult decision to make, like you suggest Anoree as in it may have been the other way around and that the machinist may have goaded the fight. I guess that's why the firm has the first punch rule. It's the easy way out for them, whether it's right or wrong. But i do know this rule goes back to the 50's and i guess it was very different in them days. Has anyone here ever heard of the first punch rule?. I have worked for some builders firms in the 80's who had this rule in force.

I don't think I know it by that name, but whoever starts a (physical) fight in the company bails himself out of job.

The building industry, as well as wood work and probably a few other brances where hard muscle work is requested, tends to be rougher than the average office job. That spreads to the language used and might lead to "loose fists".
Even more so in the 50's, up to the 80's, when much more had to be done by hand. Rules to keep the workers in order (and the company working) had to be set.

[Enigma]

Mart,

Just to say I understand why you did what you did, but as you live in the UK and have employment law's to follow, I hope he dose not try to get you up on wrongful dismissal, I'm not saying you was wrong in doing what you did, if it was me I would have done the same.

The thing is you have to sit down do and investigation in to what he was doing, ask if you could help him in any way, the following disaplinary pros, you would have to then give him a writen or final written for it, any verbal waning will not count, so it had to be writen, then a follow up if you get a writen you can go to dissmisal, or a final you can got to dissmisal, again you have to follow the work act 1974, or you could end up getting fired your self for grosse missconduct or fined if you are the CEO for wrongful dismissal.

I hope the fool dosen't do anything like this as this kind of person need to be fired, but please watch your self as this may come back on you. I am coming to this from what i have read and you may have done every thing right, but I just thought I would let you know

[Anoree]

Originally Posted by enigma2

Just to say I understand why you did what you did, but as you live in the UK and have employment law's to follow, I hope he dose not try to get you up on wrongful dismissal, I'm not saying you was wrong in doing what you did, if it was me I would have done the same.

I think we've got the toughest labour laws here in Germany.
Even here we have a couple of reasons which justify an immediate firing of a person. Stealing company property is one, starting a fight another one, sexual harassment a third.

If the employee fells he was wrongfully dismissed, he can allways go to laybour court.