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Question of law

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  • 24-09-2004 9:39am
    #1
    shoegirl
    Registered Users Posts: 2,021 ✭✭✭


    For you lawyers out there, is the definition of "closest business day" the Friday before or the Monday after if the actual day is on a weekend?


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    #2
    madramor
    Closed Accounts Posts: 324 ✭✭madramor


    i'm not a lawyer so

    closest business day common sense

    friday = saturday
    sunday= monday

    most places get their money as soon as possible
    so usually friday for any weekend day.

    "closest business day" is not a technical term so it
    should be defined in your contract,
    if its not,
    you can argue common sense.

    it's all about the contract.


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    #3
    Maximilian
    Legal Moderators, Society & Culture Moderators Posts: 5,400 Mod ✭✭✭✭Maximilian


    He's right, there's no standard definition as such but if your contract or whatever specifically says nearest business day then it would seem that Saturday becomes Friday and Sunday becomes Monday. Doesn't make sense when you consider Bank Holidays and Christmas, so I would suspect the answer lies in your contract or whatever it is.

    Such a method would seem to be slightly unusual though. It is more usual that where a time limit expires on a Sat/Sun/Bank Holiday or one of the 7 days before Xmas Day, the time limit is deemed to expire on the next working day.


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    #4
    shoegirl
    Registered Users Posts: 2,021 ✭✭✭shoegirl


    Thanks guys.

    Our problem here is that the entire company has not been paid today, as we previously always have been (except for one occasion, which the company apologised for). Our normal pay day is 25th of the month. HR are arguing that they are not obliged by law to pay us on this day and that it is "best effort". Also they argue that closeest business day is either Friday or Monday.


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    #5
    seamus
    Registered Users Posts: 68,317 ✭✭✭✭seamus


    shoegirl wrote:
    Also they argue that closeest business day is either Friday or Monday.
    Well, it is, as said above.
    Unless it says in your contract though, the company can change your pay day (although not to something unreasonable). Our pay day is the last banking day of the month, but they can and have done differently some months (although we've always gotten paid before the next month) because no-one's contract says "You will be paid on the last banking day of the month".

    :)


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    #6
    Borzoi
    Registered Users Posts: 2,876 ✭✭✭Borzoi


    shoegirl wrote:
    Thanks guys.

    Our problem here is that the entire company has not been paid today, as we previously always have been (except for one occasion, which the company apologised for). Our normal pay day is 25th of the month. HR are arguing that they are not obliged by law to pay us on this day and that it is "best effort". Also they argue that closeest business day is either Friday or Monday.

    Bollocks to them. If your contract says pay day is the 25th of the month. Then they must pay you on that date. If it's not possible to pay you exactly on the day thay don't get to pay late just because it suits them, they pay early.

    Now in my place we get paid on the 25th usually, but officialy the period is 1st-30/31st of the month. Payment is made on the 25th to allow it go through the banking system to ensure everybody has the money on the end of the month. Unfortunately this mean it'll be Monday before I have any dosh!


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    #7
    Borzoi
    Registered Users Posts: 2,876 ✭✭✭Borzoi


    Borzoi wrote:
    Unfortunately this mean it'll be Monday before I have any dosh!

    I tell a lie - hot check in my fist today. HR manager must be busted too! :D


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    #8
    Victor
    Registered Users Posts: 78,423 ✭✭✭✭Victor


    shoegirl wrote:
    Our problem here is that the entire company has not been paid today, as we previously always have been (except for one occasion, which the company apologised for). Our normal pay day is 25th of the month. HR are arguing that they are not obliged by law to pay us on this day and that it is "best effort". Also they argue that closeest business day is either Friday or Monday.
    The principle you are looking for is legitimate expectation - if you always get paid on a particular day, you are entitled to rely on that. Otherwise someone paid weekly (but it's not formally agreed) could by law be left for up to 5 weeks (the legal limit for the amount of pay an employer can owe) without being paid.
    HR are arguing that they are not obliged by law to pay us on this day and that it is "best effort".
    Poo. This would appear not to be best effort, but rather, "we screwed up and are only now implementing best effort to cover ourselves".
    Also they argue that closeest business day is either Friday or Monday.
    Closest business day to Saturday 25th is Friday. It's not a matter of law, it's a matter of maths.

    What does your contract say? You do have a written contract don't you?


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