Is This Legal??

MonicaBing

My sister works in a local shop, kinda like Centra, Spar etc. She was given 2 weeks notice and is due to finish up this friday. Now her problem is this, she's told she's been let go due to a drop in business but the 2 girls hired after her are keeping their jobs. is this legal? one of the girls is related to one of the owners and she feels she's been let go so this girl can keep her job.

Ive told her to go to Citizens advice, but they cant meet with her until after she finishes up. So i thought maybe one of you guys might have some knowledge on the subject, any suggestions would be great.

gerrycollins

how long has she worked there?

If under a year there is nothing wrong legally with what they are doing, what ever about morally.

If over a year they can only dismiss her on the grounds that her job is been made redundant, she had committed an act of misconduct or has been throught the displinary process and has failed to redress any issues that arose.

As for business been slow it doesnt matter so long as either of the above are obeyed, however there is a Lay-off option which has not been excerised here by the employer where they can lay off staff for a spell until business picks up again however this in itsself has other various rules around it

Jo King

She may have grounds for a complaint on the basis of an unfair selection for redundancy. The employer is required to follow a rational and fair process in selecting employees for redundancy. If she has more than 1 years sevice she will succeed at the EAT.

MonicaBing

gerrycollins wrote: »

how long has she worked there?

If under a year there is nothing wrong legally with what they are doing, what ever about morally.

If over a year they can only dismiss her on the grounds that her job is been made redundant, she had committed an act of misconduct or has been throught the displinary process and has failed to redress any issues that arose.

As for business been slow it doesnt matter so long as either of the above are obeyed, however there is a Lay-off option which has not been excerised here by the employer where they can lay off staff for a spell until business picks up again however this in itsself has other various rules around it

Yeah guys, she's there over a year and a half, and her job was basically behind the hot food counter, 7am to 2pm, the same duties applied to her as the other 2 girls who started after her.

She has committed no misconduct.
She was simply called into office and told she was being let go due to business getting quiet, the boss didnt even look her in the face, never mind the eye when he told her.

wmpdd3

Wow sounds a bit off. Is there a usual process for selecting redundant staff or does it vary by business. What do unions usually say?

Ste.phen

Unions usually promote the 'last in, first out' model, loyalty to the older folks n all.
Sounds like she should have at the very least gotten some redundancy pay, and probably has cause to sue for unfair dismissal

AARRRGH

Does she have a different job title or anything like that? For example: "We had to let go of the food counter supervisors due to the recession, but we kept the food counter assistants".

There are ways the employer can cover themselves.

****ty situation though.

jhegarty

She needs to ask what the criteria used for selecting her for redundancy was.

If they can't give a good reason then it's unfair and she can take a case.

seamus

Base line - yes it's perfectly legal. Employers are (fortunately) not required to follow the last in - first out model when making redundancies. However, there are procedures they must follow and there are allowances they are required to make (such as time off to go job hunting) to staff selected for redundancy.

Not least, before issuing notice of redundancy, the employer is required to discuss the matter with you (consultation), where you can discuss your side and either highlight something they've missed and at least understand the reason for your redundancy.

Simply telling someone they're gone and giving them two weeks isn't strictly legal.

It's all here:
http://www.citizensinformation.ie/categories/employment/unemployment-and-redundancy/redundancy/redundancy-procedures

merlie

MonicaBing wrote: »

My sister works in a local shop, kinda like Centra, Spar etc. She was given 2 weeks notice and is due to finish up this friday. Now her problem is this, she's told she's been let go due to a drop in business but the 2 girls hired after her are keeping their jobs. is this legal? one of the girls is related to one of the owners and she feels she's been let go so this girl can keep her job.

Ive told her to go to Citizens advice, but they cant meet with her until after she finishes up. So i thought maybe one of you guys might have some knowledge on the subject, any suggestions would be great.

Sorry to hear about all of that. I think its totally wrong what has happened to your sister. The one thing though that is kind bothering me and doesn't make any sense, is the part about the Citizens advice. The fact that they wont see her till after her job is gone doesnt seem right to me. They are only an advice centre, surely they could give her some advice as to her next step with this. Well my advice to you would be this, go to another citizens advice, it doesnt have to be in your local area at all, and find someone who can give your sister much needed advice and support. I do not think its right that she has to wait till the deed is done to get advice.

eth0_

Tell her to contact NERA for advice. They're absolutely fantastic people and will tell her what her rights are.

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