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Can an employer terminate

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  • 25-04-2010 9:29pm
    #1
    mysons
    Registered Users Posts: 131 ✭✭


    your employment with the company and then give the work that you were doing to a contractor.

    My employer let me go 3 weeks ago without notice that he was going to do it,He told me on the morning he let me go that he was after selling the vehicle I was driving and that there was no work but he giving me 2 weeks notice and paying me up front and that I could go home.

    An hour after I left the building,The vehicle my employer sold and a contractor turned up to do my job.

    Can he do this and what are my rights ?


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    #2
    censuspro
    Registered Users Posts: 881 ✭✭✭censuspro


    Read your contract. Were you an employee or a subcontractor? If you were an employee there is a certain protocol depending on lenght of service. Can't tell you much more unless you provide more details i.e. do you have a contract, were you an employee or a contractor and what was your lenght of service? If you were an employee with more than one years service you may have a case for unfair dismissal and if you have more than to years service you're entitled to statutort redundancy.

    If you put up more details I can give you a more detailed answer.


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    #3
    irish_woman
    Closed Accounts Posts: 1 ✭irish_woman


    Hi, my firend has been employed with the same company for over 2 years. He was fired without any written warnings. The reasons given for being fired were untrue. He does not have a written contract and was not given any notice period.

    What are his options? Can he get advice somewhere?


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    #4
    eejoynt
    Registered Users Posts: 264 ✭✭eejoynt


    I take he was not in a union
    he should have a look at the FAQ section of

    www.unionconnect.ie

    then he should visit the website of the labour relations commission
    www.lrc.ie
    and file a case against the company with a rights commissioner for failure to provide a contract, this could yield compensation of up to four weeks wages (the forms are downloadable pdfs)

    on the same site he should get a copy of file rp51a and file a case for unfair dismissal with the employment appeals tribunal, seeking either reinstatement or compensation - the latter may be more realistic.

    you can turn up and represent yourself at these sproceedings
    good luck


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    #5
    Eoin
    Registered Users Posts: 21,257 ✭✭✭✭Eoin


    irish_woman wrote: »
    Hi, my firend has been employed with the same company for over 2 years. He was fired without any written warnings. The reasons given for being fired were untrue. He does not have a written contract and was not given any notice period.

    What are his options? Can he get advice somewhere?

    If he doesn't have a written contract, then the statutory requirements are 2 weeks notice for 2 years served.

    If he was not given this, then I think he's effectively been fired for serious misconduct, which he can contest.

    Written warnings are not mandatory. Employment law only really recommends that a documented disciplinary procedure is in place, but not what the procedure is.

    A little more info here.

    I can recommend a solicitor in Dublin who has experience with employment law, but I don't know how cost effective that would be. PM me if you want his details.


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