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Going to get fired tomorrow.

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  • 17-10-2008 1:18pm
    #1
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭


    I am going to get fired tomorrow, my boss doesn't know that I know yet and I was wondering what I can do. Bit of background.

    I work in a small shop, I use to work full-time for the last 1 1/2 years and then went part-time, 2 days a week. Now I never got a new contract stating that I was working part-time and am still getting paid a full-time wage(hourly rate).

    I'm not sure what excuse he is going to use, but he set the groundwork this week by ringing me up on Wednesday asking did I take any money, which I didn't and all my movements behind the couner are on Camera. He has hired another girl to take my place and she starts tomorrow, this is how I know I'm getting the boot.

    Considering I've done absolutley nothing wrong here, can he fire me for nothing? Should I ask for a letter stating the exact reason he is firing me before I leave?

    Would I have a case for unfair-dissimal if he says that I am just no longer needed but has hired someone else to do the same job I was doing?

    I know there is a lot of questions there but if anyone could shed some light on them, I would be very grateful.

    Thank you.


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    #2
    AARRRGH
    Closed Accounts Posts: 12,382 ✭✭✭✭AARRRGH


    Ohdear wrote: »
    Considering I've done absolutley nothing wrong here, can he fire me for nothing?

    No, he can't fire you for no reason.

    This is an old post so... did you get fired?


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    #3
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭LegacyUser


    Yep I got fired and was handed one weeks wages and was told it was because he simply didnt have any money to pay me! I have worked for them for over 2 years!

    I am even more annoyed as I know that he knew he was going to "let me go" since at least last monday and didnt tell me until Saturday. Job hunt here I come!


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    #4
    brightspark
    Registered Users Posts: 2,637 ✭✭✭brightspark


    Sorry to hear you lost your job.

    Were you fired or made redundant?

    Or is it that you didn't want to accept changes in terms of employment such as hours, rate of pay etc?


    If he said that he can no longer afford to pay you then it should probably be treated as redundancy as you have been with him for over 2 years.

    The total amount won't be a lot, 5 weeks redundancy and 2 weeks in lieu of notice (note the weekly amount would be the average amount you got for the 2 days a week, not full 5 day weeks!)

    There is a scheme for employees to obtain a redundancy payment directly from the state when the employer fails to pay it!

    You should contact NERA for advice

    http://www.employmentrights.ie/en/informationforemployees/


    A part-time worker has the exact same rights as a full time worker

    read this

    http://www.employmentrights.ie/en/media/Part%20Time%20Work%20Act.pdf




    Get a written reference from him too.


    There would be no real point in fighting to get your job back, but as he has taken on another person you might win an unfair dismissals case again seek advice from NERA or a solicitor if you intend going further.


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    #5
    jhegarty
    Registered Users Posts: 6,440 ✭✭✭jhegarty


    brightspark wrote: »
    There would be no real point in fighting to get your job back, but as he has taken on another person you might win an unfair dismissals case again seek advice from NERA or a solicitor if you intend going further.


    As the op has been replace then it can't be redundancy... i would look into the unfair dismissal route...


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    #6
    dudara
    Registered Users Posts: 33,518 ✭✭✭✭dudara


    What reason did he give you for firing you? It really does sound as if there are inconsistencies here - you might want to contact NERA for advice.


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    #7
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭LegacyUser


    Thanks all for the replies. His exact words were that he would have to "let me go" as times are hard. Although he had hired someone the week before to take my place! I am going to look into unfair dismissal or at least try and get some redunacy money out of him!


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    #8
    brightspark
    Registered Users Posts: 2,637 ✭✭✭brightspark


    I know its probably not redundancy, UNLESS the employer decided to hire someone on substantially different terms and conditions (as happened with Irish Ferries).

    The OP did state that the employer couldn't afford to pay her anymore
    was told it was because he simply didnt have any money to pay me!

    It may be the case that he decided he no longer wanted/needed a part-time worker and wanted someone full time instead


    Even if this is the case he should still have offered the OP the opportunity of working under the new terms and conditions, otherwise it is wrongful dismissal.

    As I said before the OP should go to NERA first, with more details than can be given in a public forum for proper advice


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    #9
    eth0_
    Registered Users Posts: 10,846 ✭✭✭✭eth0_


    Unregistered wrote: »
    Thanks all for the replies. His exact words were that he would have to "let me go" as times are hard. Although he had hired someone the week before to take my place! I am going to look into unfair dismissal or at least try and get some redunacy money out of him!

    When you are 'made redundant', its the job that is made redundant rather than the person, if you see what I mean. Legally, he can't backfill your position within six months of letting you go.

    Contact NERA, take him to the cleaners!!


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