Notice and outsourcing...

Mr Benevolent

Bit of a weird one.

I'm outsourced to an insurance company doing administration. A performance review in late January stated that my work was fine (average). On Monday I was given a final written notice from the outsourcing company stating that my work was not up to par and that I have until next Monday to improve it to company standards, else my contract will be terminated without notice.

Firstly, I've been working here for 3 1/2 months and I'm well outside my probation period (1 month). Secondly, my contract allows for 2 weeks notice. Thirdly, I haven't received any official warns before this, and my behaviour in not gross misconduct. There is a clause in the contract stating that

'Details and qualifications expressed by you during your interview are taken in good faith to be a true and honest reflection of your ability. Should at any stage in the future these details prove to be incorrect or misleading, this or any future contract of employment may be terminated without further notice.'

but the law states that I cannot be given less than the notice stated in my contract except in gross misconduct situations - therefore the above clause is null and void.

So there's a few things here:

1. Being given no official notice of any concerns up to now.
2. Not being given my contractual minimum notice.
3. The outsourcing company claims that the insurance company can simply say they don't want me working here any more. However, my employment contract is not with the insurance company. The outsourcing company claims that it has not been made aware of these concerns and that's why they didn't give me the mandatory official notices. This is not a sudden thing so they can't claim that it's serious enough to only warrant a final written notice.

Any opinions? I'm not looking for legal advice. If I'm fired I'll be heading to the Rights Commisioner/EAT.

Nody

I don't see why the outsourcing company would bother going for a gross misconduct when they can let you go with out reason (though at a two week salary for notice period). The final written warning should have also outlined what was wrong (exampels) and give you the possability to appeal it.

Mr Benevolent

Surely the final written notice is not enough? I haven't had any notice before this (in any official form) about this. I also have proof that my work has dramatically improved since I received the warning on Monday. I was given no option to appeal the notice - it was just an email covering a conversation I had with the outsourcing manager - there was no mention of the term 'final written notice'.

zeusnero

Confab wrote: »

I also have proof that my work has dramatically improved since I received the warning on Monday.

Not sure this is a good thing tbh - you're only there 3.5 months so why wasn't your work up to this new improved standard all along? What they're doing is probably unfair and you may have a case re the number of warning but from the sounds of it you've only got yourself to blame (at a time when jobs should be gripped with an iron fist).

Mr Benevolent

from the sounds of it you've only got yourself to blame

I'm not denying that, I just want to make sure they don't fire me without due cause and due process.

Nody

Confab wrote: »

I'm not denying that, I just want to make sure they don't fire me without due cause and due process.

You're there for less then 12 months; they can fire you because they don't like the color of your shirt at the moment with out you having any come back about it. It does require the notice period though, hence my previous comment.

Stheno

'Details and qualifications expressed by you during your interview are taken in good faith to be a true and honest reflection of your ability. Should at any stage in the future these details prove to be incorrect or misleading, this or any future contract of employment may be terminated without further notice.'

I'm curious as to why you've quoted this, and tbh, I'd class the above as fraud/gross misconduct, so your point about the notice in that instance is moot.

That aside as you are there such a short period the company can fire you with little or no notice, and you have no real comeback.

the_syco

Does the company you work in (not the outsourcing company) know that you're being let go, or what have they being told?

Mr Benevolent

Just an update, I didn't lose my job, just got transferred to another department.

Lucky me