Legal section: Repeatedly
Janitor Henk is reprimanded for communicating a little too straightforward. The employer has great freedom to proceed to a formal reprimand, but this is not unlimited.
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Henk is a janitor at a secondary school. He is appreciated for his direct approach, but this is also his pitfall. Because of his way of communicating, he regularly comes into conflict with students and parents. The employer therefore offers Henk a communication course. Henk puts his best foot forward and tries to address his points for improvement.
Boots
The concierge is therefore surprised when he finds a letter from his supervisor on the doormat. In this, the employer writes that once Henk's blunt way of communicating must be over. To support his words, Henk is reprimanded by his manager. The janitor wonders whether the employer's actions are also legally acceptable. Because he is a member of the AOb Henk picks up the phone and calls the legal department of the union.
The janitor wonders whether the employer's actions are legally acceptable. Because he AObmember, Henk picks up the phone and calls the legal department of the union
Improvement process
Henk's suspicions are subsequently confirmed. His manager has not applied an adversarial procedure, although the collective labor agreement does require this. In any case, the supervisor should have informed him by registered letter that he intended to reprimand Henk. Henk should then have been given three weeks to write a defense. The question is also whether Henk's way of communicating justifies a disciplinary measure. This has already been discussed in the improvement process and the concierge is working hard on his pitfalls.
In consultation with Henk, the lawyer of the AOb contact the employer. In the conversation, the legal assistance provider explains why the decision cannot be passed through the legal bracket. The manager indicates that he has indeed applied both sides of the argument by talking to Henk. Yet this does not meet the requirements of the collective labor agreement, the lawyer notes. In any case, the employer should have announced the intention to reprimand by registered letter. Because Henk works in special education, he can now appeal to the Appeals Committee within six weeks. The concierge looks forward to this procedure with confidence.
Energetic
However, the employer and the caretaker do not want to put unnecessary pressure on mutual relationships. Henk's manager admits that he has been too bold. He offers to write a new letter, stating that the reprimand has been wrongly imposed and will be removed from his file. Henk is satisfied.
