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opinion please. ex-employment. contract determination.

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  • 09-10-2010 1:31pm
    #1
    lkz
    Closed Accounts Posts: 8 ✭


    Hi! I need some advise please.

    I just to work with company in past for a 3 years (2007-2010).
    In 2nd year i got my full time contract for a year signed by a both parties. However - it was fine to work on for a next 6 months. Then my employer asked me to sign up for a new contract which one allowed him to manipulate with my working hrs up to cutting them down to part time or less. Because I still had my 6 months on old contract I refused to sign a new one (not only once - few times I told to my (at that time) existing manager that I won't accept a new one cuz of reasons explained). But he didn't try to find any solutions between me and him self (employer) and decided to drop me down from my existing contract anyway. So actually he didn't follow responsibilities of old contract to employ me for 1 year on full time position.
    At end of the full time contract (from which one 6 months I was employed as a part timer without my agreement) he didn't provide me with new contract but he kept me in the company for a next 6 months on part time with various weekly hrs (started from 12hrs per week up to 32hrs max) till I quit from this job my self.
    As far as I found on citizen information web that if I'm refusing to accept new contract or any changes on my existing one employer should provide me with any kind of solution in situation (could be acceptable changes for me on my existing agreement or dismissal from company on legal grounds from his part).
    So the question is..

    1. - If that was legal to drop me of form full time contract signed of both parties?
    2. - If this is the case where Labour Court will deal with it? Or any other authorities? Or its better to get some advise from lawyer straight away?

    Many Thanks!


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    #2
    gerrycollins
    Registered Users Posts: 1,799 ✭✭✭gerrycollins


    im not modding but you wont get exact legal advice here however calling NERA is worth its weight in gold they will have an instant answer for you.

    They also might instigate an investigation into the company without naming you but will base their "chat" on what ever you produce to them.


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    #3
    lkz
    Closed Accounts Posts: 8 ✭lkz


    gerrycollins wrote: »
    im not modding but you wont get exact legal advice here however calling NERA is worth its weight in gold they will have an instant answer for you.

    They also might instigate an investigation into the company without naming you but will base their "chat" on what ever you produce to them.

    Thanks! I will consider to take it up to NERA, but I have header that NERA is dealing only with existing employers and not with ex ones. Any advice on this?


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    #4
    gerrycollins
    Registered Users Posts: 1,799 ✭✭✭gerrycollins


    well for a start they can point you in the right direction.

    Because you are there over a year your employers actions could count as constructive dismissal however a legal expert or NERA could make a more definitive answer for you based on questions they could ask to help them help you.


  • Options
    #5
    lkz
    Closed Accounts Posts: 8 ✭lkz


    gerrycollins wrote: »
    well for a start they can point you in the right direction.

    Because you are there over a year your employers actions could count as constructive dismissal however a legal expert or NERA could make a more definitive answer for you based on questions they could ask to help them help you.


    Thanks! Will contact them today


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