In employment disputes, employees should focus on substantive process failures that affect the outcome (such as failure to interview witnesses, lack of evidence analysis, bias, or prejudgment) rather than minor procedural issues like missing notes or slight timeline deviations, as only the latter truly impact the case result.
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Make Sure You Fight the Right FightAdded:
Okay, a strong message for employees.
Stop fighting the wrong points. It's ruining your case. Let's break this down. I see this all the time. This is where people are fighting for points that don't make any difference. They're never going to move the needle. So, what do I mean by that? I mean when an employee comes and says, "Well, it wasn't fair. I didn't get the notes after the hearing." So what? Who cares?
How does that affect your case? Or another point is going to be, "Well, the policy says you're going to have a hearing within 5 days of finishing the investigation and actually it was six."
Again, how does that move the needle?
How does that make a difference to the outcome of your case? You delivered the outcome. It was supposed to be within 10 days and it took you 15 days. Again, what's your point? They've taken extra time. That means they've taken extra care. That's a good thing. You're arguing for them. Just be careful what you're arguing. I think employees think that if there's a policy and it's set out by the employer and that employee then breaches that policy, that's automatically a breach of policy, wrongful dismissal, unfair dismissal.
No. Think about it logically. Take a step back. Let's have a HR mindset. Take a step back. Has what they've done changed the outcome? If it's something minor like the notes, like the meeting dates, like the outcome dates. If they've shifted or tweaked, it doesn't make any difference to the outcome cuz it doesn't move the needle. Focus on what does. The process was flawed.
Witnesses were never spoken to. Evidence was never analyzed. The whole process was outcome led, not evidence led. It was biased. It was prejudged. There are so many arguments that move the needle, that make a difference and that create a claim and the ones that we I see all the time about the notes, about the meetings, they are not the right arguments. It takes so much effort and energy to have a fight with an employer, to leave and then to have a claim. So, make sure you're fighting the right fight. Be selective. Be strategic and make sure your case counts because of that's how you win. Looking forward to your comments. Do you agree or disagree?
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