Laws regarding mobile phone clips as evidence?

  • Thread starter Thread starter Damion K
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Damion K

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I was recently sacked on the grounds of gross misconduct, the letter i received said "on the balance of probability i believe you attended a bbq event during your working hours,on company premises,which resulted in a customer complaint and therefore has potentially put the company's name into disrepute.Furthermore,i believe you breached the company's alcohol and drug policy by drinking alcohol at work" After 4 interviews at work, i was dismissed for this reason, the big evidence being a mobile phone clip another colleague took of 3 of us hanging around a barbeque with open bottles. 1 person admitted to it, and was sacked, 1 person denied all, and was allowed back to work. i also denied all, but was sacked. I have instantly appealed saying there is no proof and it's all what people have said "2 colleagues said we were havin a bbq etc" Do i have a case for an appeal? and i was told a mobile fone video cannot be used as it has no timestamp etc. is this true? any help would be appreciated
 
I would think that the bbq event could pretty much be coroborated by attendees, therefore your timestamp arguement is moot.

Who do you want to appeal too? I doubt you have any recourse with the company, and the laws will vary wildly depending on your state, county, and local laws.

Unless you miss-typed, why was there alcohol at a bbq on company premises, in violation of their own policy.

Anyway, I doubt you have much of a leg to stand on, but an employment lawyer could advise you better.
 
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