Gross Misconduct at Work

I previously posted a thread about members of staff but unfortunately my post my have been overlooked and I have received no advice.

So, in short, I believe a member of my staff has breached Health and Safety laws. In fact, when I advised her not to block emergency exits she basically threw a tantrum and explained she is not prepared to work like this and will leave on time even if the stairs and walkways, exits, etc., are full of stock not allowed there.

Usually she is a very good member of staff and works very hard. I am due to speak to my manager tomorrow as I do not believe Health and Safety should be breached as fines and loss of life could occur from laziness.

In addition, this member of staff signs a wall chart stating she has checked the building for Health and Safety and I have informed her that she is breaking the law in signing a legal chart when knowingly allowing the breaches to exist.

She has threatened to report me to my own manager for implementing these rules and repeating she is not prepared to work like this with all of these rules and regulations.

She has now enlisted the help of the office bully to work alongside with her and to back up her protests when she has regularly and recently made several complaints about this person whom she wants fired.

She stated before she left work that I had said or done something but wouldn't say what. Now I am worried between them they are making something up to get rid of me all because I affirm the company and law's policies on Health and Safety. I certainly cannot think of anything I have said or done and I am usually very lenient with my staff and encourage a happy environment. Now she is claiming I am making it an unhappy place to work although she can't say how or why, only that she doesn't agree with the policies I have implemented and are in the company handbook.

Please help as I am very upset and worried about tomorrow.

Thank you.

I would seek out another supervisor or HR. I am sure you could definately raise these concerns and cover your self in the mean time. My concern would be someone making false allegations that tarnish or end your career. I don't have full details but do you have a union steward or HR? I would start there.

We do have an HR Department and I will speak to my manager tomorrow and possibly HR. This member of staff will not tell me what I am supposed to have done. I cannot think of anything. I am very fair. When she was throwing a tantrum and stating she is not prepared to follow these rules I approached her very calmly and informed her they are there to protect everyone and in no means reflect her hard work. She was having none of it. She says she feels like not coming back. However, I am very worried about what she claims I have done as this would be all lies. She has teamed up with the very person she often complains about and has a reputation of bullying.

At this point I would go to HR and if you have proof like documentation of any kind, provide it and utalize the proper procedures for escalation. I have a feeling that you most likely will come out for the better with this option. Go by the books so you're covered. CYA friend.

Thank you. She has been a good member of staff up until this point and we get on great. Her only downside is she doesn't like cleaning up. When I came in the other morning from my day off I came into a big mess. Stock was left on the stairs and in walkways. I wrote an informal letter and left it in the staffroom for all to read. Most accepted it. She came in, read the letter, brought it downstairs and threw a tantrum saying she cannot work like that and if it is time to leave at 5pm then she will, regardless of if there is stock on the stairs. She is not prepared to stay over. I explained there is no need to stay over but rather to finish work earlier then use the extra minutes to go around the building and inspect the premises for potential risks. She couldn't even accept this and says she will complain to my manager. I have informed her that she is very welcome to report me to my manager for implementing Health and Safety rules and to also inform him that she is not prepared to do so.

Probably realising she would be in the wrong she is now claiming I have said or done something else. She won't state what but before this letter our last shift together was full of laughs. Now she is claiming I am making it an unhappy place to work. She cannot come up with anything that I have particularly done to make it unhappy, only that she doesn't like the Health and Safety rules and the good housekeeping rules.

I have clearly explained to her that several vulnerable people work with us and in the even of an emergency they would be less likely to escape and should the place fill up with black smoke then they may fall on obstructions. Also, firefighters may also trip and fall on obstructions and may lose their lives trying to save ours. This could lead to fines and imprisonment for the person in breach of health and safety. Still, she refuses to accept this and states getting stock out is far more important.

I'm at my wits end and very upset. It has ruined my weekend thinking she may attempt to get me in trouble for following company policies and the law.

Maybe getting HR involved is not such a bad thing after all. Thank you.

I have spoken to a fellow manager who has offered her support and said I have done everything right so that has made me feel a little better.

You're following a policy. You cannot ever get in trouble for following a policy.

When you speak with your manager, let them know about this girl's threats about reporting your for something but won't tell you what. At least this way, if she says anything to your manager, they will already be aware that she's clearly trying to get revenge.

So far, you're in the clear. Just communicate as much as possible. Send an email to your boss now, follow up first thing tomorrow morning.

When I came in the other morning from my day off I came into a big mess. Stock was left on the stairs and in walkways. I wrote an informal letter and left it in the staffroom for all to read. Most accepted it. She came in, read the letter, brought it downstairs and threw a tantrum saying she cannot work like that and if it is time to leave at 5pm then she will, regardless of if there is stock on the stairs. .

Why does stuff accumulate on the stairs and in front of emergency exits in the first place? It should not be permitted to accumulate there. People should be putting things somewhere else.

I constantly tell the staff not to and regularly inform them about the law and the consequences of failing to follow Health and Safety laws. However, the response I was met with was they had never had to follow these rules before. One member of staff informed me that the previous managers had tried to impose the rules but they were hounded out by certain staff.

As an update: the member of staff in question has apologised to me. I have explained her actions are gross misconduct but I am willing to let it go this time as I realise her attitude towards me was out of character. I have told her in general her work is of very high standard but good housekeeping must be adhered to. She seems to accept this.

Even though her actions were wrong, I would personally, refrain at this stage from labelling it, "gross misconduct" and breaking it down into the other "Faulures to Comply". It sounds to me that some of the staff are into testing the authority and powers of supervisors/managers. Not sure how they got away with these types of breaches of OHS laws in the past, but looks like they want to see if they can do again, and is cocky. Sounds like there are also time management issues there, and you would need to be certain that the organisation is fulfilling its legal responsibilities in relation to staff ratios, etc - maybe it was something like that which enabled the staff to "get away with it in the past".