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Consistent late payment of wages - case for constructive dismissal?

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  • 28-06-2010 9:23am
    #1
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭


    Going unreg on this for obvious reasons - mods do please feel free to edit/delete if it breaches any guidelines!

    Basically, for six of the past seven months, my wages have been late. The timing varies - one month, I got them after making a phonecall the day after they were due, another month, it took almost a fortnight.

    It's consistently blamed on technical issues, though these (avoidable) issues are starting to repeat themselves. It also isn't an issue with the company's financial health - we're a small subsidiary of a large company that's doing quite well and ticking us along with a monthly supplement.

    This latest issue came up on Friday (I get paid on the last Thursday of the month - it's in my contract) when I noticed my wages hadn't come in. My boss didn't even pretend that he'd tried to put through my wages on the Thursday evening, said he was incapable of doing it where he was, and had asked the CEO of the larger company to do it. This doesn't appear to have happened, as the money still hasn't appeared in my account - it normally comes through within 2 hours as we share a bank.

    I have records of almost everything, from the emails that have been sent (including one very snotty email at the start of this year from the CEO) to telephone conversations on Friday. While I know I can't get comprehensive legal advice here, I'm wondering whether fellow boardies think it's worthwhile pursuing a constructive dismissal case - if there are precendents where this kind of thing was used to support a claim, that'd be great. While I know the burden of proof rests on me in this case, I genuinely feel they're trying to drive me out of the company at this stage and don't want to see them getting away with it.

    Thanks in advance!


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    #2
    Trashbat
    Closed Accounts Posts: 489 ✭✭Trashbat


    Is it just you, or is it every employee in the company? If this can be proved to be happening to you alone, when other employees are being paid on time, then it would certainly be a factor in a constructive dismissal case, but probably wouldn't be strong enough on its own to hold up a case. Do you have any other evidence of constructive dismissal?


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    #3
    Goesague
    Closed Accounts Posts: 65 ✭✭Goesague


    How long have you been in the job? Has this just started after years of service?


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