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Redundancy Questions

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  • 25-02-2010 6:06pm
    #1
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭


    So I've been made redundant, I hate the job and I am glad to have been given an easy way out. However several things about the way the redundancy are being handled bother me....

    I took two weeks off last Nov as my mother was dying from cancer. I asked for unpaid leave as I had no annual leave left, my boss insisted on paying me from this years leave allowance. I say insisted, he just paid me even though I specifically asked for unpaid leave.

    I was given my notice 2 weeks ago. I indicated I would like to leave ASAP, my boss said I had to do 6 weeks. Since then he keeps trying to increase this to 3 months and sometimes longer.

    Despite making me redundant, he is actively seeking to get a work permit for a non-EU national to fill the same job title as me. He was stupid enough to tell everyone this in an office email the days before he made me redundant. I have no doubt I am more skilled and experienced than the person he is seeking to recruit, plus the person he is seeking to recruit is engaged to his daughter....

    He has claimed back the annual leave he gave me last Nov. Somehow reducing my second-last monthly salary by 60% (the sums don't add up).

    He is actively recruiting new staff. OK not programmers like me, but still he's recruiting people.

    He has also offered to let me work from home on existing and new projects at a much reduced salary.

    I suspect he wants rid of me because I told him I wanted to be with my mother whilst she was dying and when he said no, I went anyway. My timekeeping and attendance is exemplary, just two certified sick days in the 90 weeks I've been here.

    I'd be grateful if anyone could tell me what they think he is playing at. I don't really want to go legal or anything like that, but I suspect he may be fecking me over and I don't want to stand for that.

    Cheers!


Comments

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    #2
    eejoynt
    Registered Users Posts: 264 ✭✭eejoynt


    you wont get anywhere by not threatening.
    with 90- weeks you havent enough service for redundancy
    but with a years service you can go under the unfair dismissals act for unfair selection for redundancy
    do you know anyone who is around a union to whom you could talk?


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    #3
    TwoShedsJackson
    Closed Accounts Posts: 9,438 ✭✭✭TwoShedsJackson


    He's going to push you to see how much you'll give in and what he can get away with.

    Stand up for yourself and your rights, you most likely will have to go the legal route but he's going to be thinking 'ah he won't bother when he see's how complicated it is/how long it will take' etc. Don't let him away with it.

    As for the notice period, what does your contract say?


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    #4
    unJustMary
    Closed Accounts Posts: 199 ✭✭unJustMary


    What do you personally want to achieve from the situation? It sounds like you want out (fair enough) - do you qualify for a payout? Is he trying to make you jump before that payout comes thru? How much do you want the money, or if you found another job to go to, would you be willing to walk away without it?

    Also ... kinda sensitive question (please remember that I'm foreign myself): is he Irish? I've found most Irish people are super sensitive/accommodating when it comes to dying/death issues (to the point where it's OTT in my eyes). If he is Irish, and didn't react in this way, it makes me think he's got some pretty big psychological issues, and fighting is going to be incredibly hard.

    Which comes back to the question of what you want: do you want to fight the situation (and possibly keep the job), or do you just want out? If the latter, then note that all's not quite right but don't stew over it.

    IMHO.


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    #5
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭LegacyUser


    unJustMary wrote: »
    What do you personally want to achieve from the situation? It sounds like you want out (fair enough) - do you qualify for a payout? Is he trying to make you jump before that payout comes thru? How much do you want the money, or if you found another job to go to, would you be willing to walk away without it?

    Also ... kinda sensitive question (please remember that I'm foreign myself): is he Irish? I've found most Irish people are super sensitive/accommodating when it comes to dying/death issues (to the point where it's OTT in my eyes). If he is Irish, and didn't react in this way, it makes me think he's got some pretty big psychological issues, and fighting is going to be incredibly hard.

    Which comes back to the question of what you want: do you want to fight the situation (and possibly keep the job), or do you just want out? If the latter, then note that all's not quite right but don't stew over it.

    IMHO.

    He is Irish, and yes I do suspect that he has some issues. The interview process for the job was odd and very drawn out, 4 interviews, the last one was really odd as he asked me to interview him. I didn't have clue what to do, but I gave it a go. At the end he said he was giving me the job so long as I agreed to staying three years, so much for me being loyal thus far.

    He even fecked me over on my salary. He offered me one salary at the last interview, I negotiated upwards. A few days later when I received the contract in the mail it said I would be getting paid 5k less and how much of that 5k I would get would be decided at his sole discretion at our monthly review meetings. I needed the job and took it against my better judgement.

    As for what I want out of it, well I'm not sure. I feel like I should fight as I have a long list of things he has done wrong and I can prove beyond all reasonable doubt that a genuine redundancy situation does not exist. My evidence is very, very strong - I've been keeping very detailed records for the last 12 months.

    However, he is stubborn and a fighter. He is also known for his reluctance to spend money on anything. Money would be nice, but wiping the smile of his face would be more satisfying.

    One thing is certain, I want out! There have been may times over the last 12 months when I have come very close to walking out, but I resisted because I promised loyalty and wanted to have a good referee.

    My real fear is hurting other staff. If I won a payout, he would make someone else redundant to pay the bill.


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    #6
    homeOwner
    Closed Accounts Posts: 779 ✭✭✭homeOwner


    TechnicalType wrote: »
    Despite making me redundant, he is actively seeking to get a work permit for a non-EU national to fill the same job title as me. He was stupid enough to tell everyone this in an office email the days before he made me redundant. I have no doubt I am more skilled and experienced than the person he is seeking to recruit, plus the person he is seeking to recruit is engaged to his daughter....

    A position is made redundant not a person.

    From NERA:
    Redundancy is where an employee’s position ceases to exist and the employee is not replaced.


    By law he cannot hire into that position for a period of time (6 months I think). If he does, please report him to NERA and keep that email he sent around.


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