Dear Claudienne,

I have worked at a call centre company since 2013.

On Friday, January 22, 2016, I was informed by my manager that I was under investigation and should not return to work until further notice. The company decided to do the investigation after one of their clients ran an audit and discovered a credit card number in my work e-mail without a name or security code. Because the name and security code were not on the card number, the call centre could not readily identify whether the number belonged to a customer or to me.

My manager told me that I would be required to submit documents from my bank containing the same credit card number, despite the fact that a supervisor had already told him that she saw me with my credit card in hand, as I had asked her to call my bank for me due to online issues I was experiencing.

I submitted the last document from my bank to my manager on Friday, January 29, 2016, and expected to return to work the same day. However, I was told that HR was dealing with the matter and would schedule a disciplinary hearing for me on Monday, February 1, 2016. HR never contacted me for the said hearing, and to date (April 25, 2016) I still have not received the go-ahead to return to work.

I have tried many times to get in touch with the HR manager regarding the pending investigation, but they keep giving me the runaround.

On Thursday, March 10, 2016, I e-mailed a letter to the HR manager requesting a resolution to the matter as I had already submitted the documents that had been requested. Yet, I received no reply.

I have concluded that the HR manager is delaying closure of this matter in the hope that I will get frustrated and resign. If they fire me, I would be due termination payments.

I have been in communication with the Ministry of Labour & Social Security from the initial process of this investigation. The Ministry said that because technically I was still employed to the company, a lawyer or industrial relations consultant would have to argue my case with the company.

I spoke to a legal aid lawyer about my case, and he informed me that I would need to sue the company for the equivalent of my notice pay.

I need a final resolution of this matter and would appreciate your help.

CH

Dear CH,

Tell Claudienne contacted the HR manager of the call centre and note that you were informed that a disciplinary hearing would be held near the end of May.

The call centre company charged that you breached their IT and Security Policies.The company gave you a copy of the disciplinary report setting out the charges against you. The report stated: We note that at the hearing at which an industrial relations consultant represented you, your employment with the call centre was terminated. In addition to paying you notice pay, the company agreed to compensate you for your years of service.

The call centre company charged that you breached their IT and Security Policies.

The company gave you a copy of the disciplinary report setting out the charges against you.

The report stated:

“On January 22, 2016, a report was filed by the client indicating that a significant breach had occurred on the programme.

Investigations revealed that the representative (CH), using her assigned speciality commerce e-mail, e-mailed to her personal e-mail account the details of a number sequence and expiration date identical to that of a credit card.

The actions observed are a direct breach of the IT and Security Policies, wherein, personal items are not to be on the production floor-clean desk. Personal items are to be placed in the locker provided in the staff common area.

The outline of the company policies strictly prohibits the use of company resources for personal reasons. Additionally, sensitive information such as credit card, Social Security number and telephone numbers are items that must be held in the strictest of confidence and security.

…

This breach resulted in the company being required to provide the client with revised policies governing the handling of sensitive client information by representatives and weekly audits of all transactions. This measure is imposed in light of the high sensitivity to fraud aligned to the call centre industry.”

We note that at the hearing at which an industrial relations consultant represented you, your employment with the call centre was terminated. In addition to paying you notice pay, the company agreed to compensate you for your years of service.

Good luck.

Have a problem with a store, utility, a company? Telephone 936-9436 or write to: Tell Claudienne c/o Sunday Finance, Jamaica Observer, 40-42 1/2 Beechwood Avenue, Kingston 5; or e-mail: edwardsc@jamaicaobserver.com. Please include a contact phone number.