Posted by
AmyHapp
16 yrs ago
I don't want to go in to all the sordid details, but here is the basis of my situation:
-Terminated DH's contract upon coming home early & finding her getting dressed after a shower, with wet hair while my 2 year old was left unattended in the living room, watching a movie.
-She refused to sign all of the papers that I sent to immigration stating the reason for her dismissal saying it would "make it hard for her to get another job", not denying their truth.
-Given the reason for the dismissal, we didn't provide wages in lieu of notice or pro-rata annual leave (she has only been with us since Jan 08); all of this is outlined in her termination documents with the Employment ordinance cited & Chapter 57 quoted.
-We did provide travel $ & plane ticket
-She filed a Labour Dept claim & is lying, saying she didn't leave the baby alone, she only went to the toilet, etc., etc.
-Now we're going to Labour Tribunal.
I want to know if anyone has experience with these my word against her word kinds of situations, and how they typically play out. Any advice is welcomed!
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Agree with GreenValleys. You may have to give her her 1 month wage in lieu unless you have proof that she's guilty of the 4th one cited by Green Valleys.
Good luck too
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Thanks to you all for your input.
I looked at all the employment ordinances before filling out her termination forms & felt that leaving a 2 year old unattended to go take a shower pretty clearly fell into the 1st category: willfully disobeys a lawful & reasonable order. The lawful & reasonable order being, don't leave my child alone for extended periods of time.
I do know that it may be a matter of semantics & interpretation at this point. Such a headache!
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My helper terminated after two and a half months. Because she chose to work out the month's notice (never mind us poor schmoes who have to spend the month with our wallets strapped to our waists 24 hours a day and our safes crammed with anything of value for that month) that took her over the three month period. Therefore, according to the woman I had an interview with in the Labour Department, we HAD TO PAY her two day pro-rata annual leave. If it was six months we would have had to pay her 4 days, 9 months six days or thereabouts.
It actually would have served us better if we had met her termination with our own termination and given her one wage in lieu of notice and all the other trappings. Money is one thing, but living with the festering attitude and what ensued was hell.
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