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Unfair Dismissal ?

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  • 03-10-2009 6:43pm
    #1
    Closed Accounts Posts: 1,434 ✭✭✭


    Hey guys

    I have been working in a well known clothes shop for a month now and have been terminated today.
    According to the manageress they could not afford to give me the hours. However the store hired scores of new staff this week and neglected to terminate the other part-time sales assistant who started the day after me.
    They didn't give me my appropriate written notice and have not given me a reason why I was terminated but the other employee has not. I worked very hard to get this job and am very annoyed about the manner in which I was dismissed (In the middle of my working day, all the staff and customers got to see me crying and having my bags checked before I left)
    They had expected me to finish the day but I refused. I will also not recieve payment for the days I have worked after the last payment day.

    I was never late, never shoplifted, came in ill, came in the day after my debs and put it first over socialising etc. I worked very hard and really enjoyed the job and they have left me really and truly screwed over I may have to drop out of college now and ill also not be able to continue paying my rent..

    Should I recieve a redundecy package seen as I have been let go!


Comments

  • Closed Accounts Posts: 872 ✭✭✭craiginireland


    That sucks DigiGal.


    I'm afraid you can't get redundancy payments unless you are there 2 years...
    However you are definetly entitled to be paid for the hours you worked since payday, depending on your contract you may be entitled to a notice period too.

    However worse case scenario is the contract saying something along the lines of "We reserve the right to sack you anytime we want without notice within the first 3 months probation period...."

    If its a well know shop i suspect it's more than likely the latter :(
    DigiGal wrote: »
    Hey guys

    I have been working in a well known clothes shop for a month now and have been terminated today.
    According to the manageress they could not afford to give me the hours. However the store hired scores of new staff this week and neglected to terminate the other part-time sales assistant who started the day after me.
    They didn't give me my appropriate written notice and have not given me a reason why I was terminated but the other employee has not. I worked very hard to get this job and am very annoyed about the manner in which I was dismissed (In the middle of my working day, all the staff and customers got to see me crying and having my bags checked before I left)
    They had expected me to finish the day but I refused. I will also not recieve payment for the days I have worked after the last payment day.

    I was never late, never shoplifted, came in ill, came in the day after my debs and put it first over socialising etc. I worked very hard and really enjoyed the job and they have left me really and truly screwed over I may have to drop out of college now and ill also not be able to continue paying my rent..

    Should I recieve a redundecy package seen as I have been let go!


  • Moderators, Category Moderators, Arts Moderators, Business & Finance Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 18,315 CMod ✭✭✭✭Nody


    Unfair dismissal only kicks in after 1 year except for gender, age etc. discrimination nor do they need to say why you where let go.


  • Closed Accounts Posts: 7,563 ✭✭✭leeroybrown


    As has been pointed out above there is no entitlement to a redundancy payment until you've been in a job for two years and the unfair dismissals act only applies (outside of certain specific grounds) after one year. To go any further you'd have to claim discriminatory dismissal where the burden of proof is on you. Given the difficulty of doing that for the situation you describe, I'd suggest that you move on and just think of it as a bad experience.

    You should contact them and request that they send you your P45 along with payment for all unpaid hours and also for any accrued holiday pay. You're entitled to get all three.


  • Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    The only thing you can claim for is the unpaid hours and also for notice. Make a complaint to a rights commissioner. They have also breached your contract by lying to you. They clearly did not follow fair procedures in dismissing you.


  • Closed Accounts Posts: 1,434 ✭✭✭DigiGal


    Nody wrote: »
    Unfair dismissal only kicks in after 1 year except for gender, age etc. discrimination nor do they need to say why you where let go.
    I have afunny feeling I was dismissed because teh other staff there didn't like me, they treated me pretty badly since I started always used me to blame their mistakes on...however since I cannot prove this nothing I can do really


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  • Registered Users Posts: 9,624 ✭✭✭wmpdd3


    I think you may be entitled to your notice, it would say in your hand book how long this is, probably 1 weeks pay.

    As well as your pay for the days you worked since your last pay date.

    If your paid monthly, it won't be until the next pay day.

    If you haven't taken any hols since you started, you will get 8% of all the hours you have worked as hols.

    ie If you have worked 320 hrs since you started you will get 25 hrs paid.


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