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Any remedy available?

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  • 01-11-2009 3:53pm
    #1
    Fishyfreak
    Registered Users Posts: 576 ✭✭✭


    My wife was made redundant by her old job. She wasn't there a year. Her boss knew this so he did it just before the year.

    The reason in the letter was that he is "overstaffed by at least one" person in her position.

    He hired a new person in that position about 2 weeks later.

    There is no remedy available under the Unfair Dismissals act due to the fact that she was there less than a year. A solicitor has stated that she has a case for been give no contract, no payslips etc in small claims court. Boss was a complete scumbag.

    Is this the only option realistically available? Anyone with similar experience?


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    #2
    GER12
    Closed Accounts Posts: 145 ✭✭GER12


    Fishyfreak wrote: »
    My wife was made redundant by her old job. She wasn't there a year. Her boss knew this so he did it just before the year.

    The reason in the letter was that he is "overstaffed by at least one" person in her position.

    He hired a new person in that position about 2 weeks later.

    There is no remedy available under the Unfair Dismissals act due to the fact that she was there less than a year. A solicitor has stated that she has a case for been give no contract, no payslips etc in small claims court. Boss was a complete scumbag.

    Is this the only option realistically available? Anyone with similar experience?

    Did your wife receive a P45 or did she receive a P60 at the end of the last tax year from the employer? All employees are entitled to receive payslips showing gross income and deductions made (PRSI and Tax). I dont understand where the solicitor is talking about in relation to the small claims process. If an employee doesnt receive a P45, P60 or wage slips you complain to Revenue. If you suspect that RSI issues - you complain to the DSFA.

    I'd also contact NERA - the national employment rights authority for advice on the other matter.


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    #3
    How Strange
    Registered Users Posts: 6,339 ✭✭✭How Strange


    AFAIK, your wife should speak to the revenue commissioners about the payslips, p45 etc.

    With regards to letting her go and hiring someone else, unfortunately , if she was in the employment for less than a year she has no rights with regards to dismissal. I had a colleague in a similar situation last year and I checked with a HR manager about the legal protection and the colleague had none.

    It seems unfair but that's the law.


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