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Given notice

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  • 24-06-2011 3:05pm
    #1
    Registered Users Posts: 166,026 ✭✭✭✭


    Hi, I was on JSA until last week when I got a job. I signed off immediately delighted to be back working. After a week in the new job I have been given my week's notice because I won't let them walk all over me.

    They wanted me to work 9 hour shifts without a break, work shifts with only 4 hours in between them and to stay on for up to 5 hours daily after my rostered time.

    I was wondering will I lose my benefits for getting fired? If I don't lose them will I have to go through the whole wait again?

    Feeling very disheartened after this. :( I feel some employers are taking advantage of people so desperate for a job and feel I was a scapegoat for others starting to voice their opinions on working conditions.


Comments

  • Registered Users Posts: 1,900 ✭✭✭crotalus667


    iirc as long as you where fired and you where not signed off for more than 10 weeks they can get your payments started again , but to be hones i would look into taking them to court for unfair dismissal


  • Registered Users Posts: 1,783 ✭✭✭maglite


    I'd definitly look at reporting them, HSA, Revenue etc


  • Closed Accounts Posts: 3,591 ✭✭✭RATM


    OP I have sympathy with you- you did everything right but came out feeling wronged.

    Unless you were bullied/abused or some other serious workplace offence then taking a case isn't going to get you anywhere. In Ireland you have virtually zero rights until the 13 week mark and even then they are minimal. An employer here can fire you without having to give any reason within this timeframe iirc. Even after that no real rights kick in until you've been there for one year continuously.

    Move on, keep your chin up and keep applying. Screen your potential employers just as they're going to screen you. Learn from it.


  • Registered Users Posts: 166,026 ✭✭✭✭LegacyUser


    I started another thread but it got moved to a forum I can't post anon on so can a mod merge these together and keep here so I can reply?

    http://www.boards.ie/vbulletin/showthread.php?t=2056309332

    Seeing as I was given my weeks notice what way does it work? Do I just work up to the week and then I'm finished?

    I know I have no rights as I was only there. Just annoyed at these wasting my time. I'm also worried about getting paid now. :(


  • Registered Users Posts: 21,257 ✭✭✭✭Eoin


    Threads merged and moved to work problems


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  • Registered Users Posts: 9,624 ✭✭✭wmpdd3


    I started another thread but it got moved to a forum I can't post anon on so can a mod merge these together and keep here so I can reply?

    http://www.boards.ie/vbulletin/showthread.php?t=2056309332

    Seeing as I was given my weeks notice what way does it work? Do I just work up to the week and then I'm finished?

    I know I have no rights as I was only there. Just annoyed at these wasting my time. I'm also worried about getting paid now. :(

    Usualy 7 days from the day you get your notice, but if your part-time this could mean you leave before the 7 days are up. ie finished up next Saturday but Thursday and Friday are you days off that week.


  • Registered Users Posts: 166,026 ✭✭✭✭LegacyUser


    Do I need to work my notice? Manager is making it very hard for me. Dreading every day I go in.

    Can they to anything if I don't work it? Will it effect my social welfare claim?

    Also will the social welfare ask why I was fired? If I explain why will they frown upon it?


  • Registered Users Posts: 1,900 ✭✭✭crotalus667


    Do I need to work my notice? Manager is making it very hard for me. Dreading every day I go in.

    Can they to anything if I don't work it? Will it effect my social welfare claim?

    Also will the social welfare ask why I was fired? If I explain why will they frown upon it?
    yes you need to work it for or they can say you left and that will cause you prob's welfare dont really care why you where fired


  • Registered Users Posts: 166,026 ✭✭✭✭LegacyUser


    Nothing has been said about it since. What if they ask me to stay now? Can I refuse? After looking at how staff are treated and how I've been treated since getting my notice I do not want to stay.


  • Registered Users Posts: 21,257 ✭✭✭✭Eoin


    Nothing has been said about it since. What if they ask me to stay now? Can I refuse? After looking at how staff are treated and how I've been treated since getting my notice I do not want to stay.

    I'd imagine that's not too big a risk. If you hand in your notice, you can't withdraw it (unless it was a heat of the moment thing, I think). I'd imagine it's the same if they give you your notice. Rightly or wrongly I bet they'll find someone easily enough who will work under their conditions.


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  • Registered Users Posts: 166,026 ✭✭✭✭LegacyUser


    Eoin wrote: »
    I'd imagine that's not too big a risk. If you hand in your notice, you can't withdraw it (unless it was a heat of the moment thing, I think). I'd imagine it's the same if they give you your notice. Rightly or wrongly I bet they'll find someone easily enough who will work under their conditions.

    Thanks for the reply. That's the sad thing I thought the same myself. No one else will say anything either, especially seeing as how they've dealt with me.

    At the end of the day I was probably coming out with less than on the social after taking into account petrol, etc. but I knew this and was happy just to be working again but for the sake of my mental and physical health it isn't worth it.


  • Registered Users Posts: 166,026 ✭✭✭✭LegacyUser


    OP again here.

    I was due to be paid on Monday but I still haven't been paid. No one has told me why. I was wondering for any advice on how to get payment out of the company?


  • Registered Users Posts: 21,257 ✭✭✭✭Eoin




  • Registered Users Posts: 166,026 ✭✭✭✭LegacyUser


    Thanks eoin for them links.

    I just had another question also, when I got the job I agreed for there to be a deduction out of my second and third pay for "recruitment costs". Will I get all of this deducted from my first pay slip seeing as I won't be around for the second and third? Or seeing as I was fired should I not have to pay for this as I only agreed for it to be taken on the 2nd and 3rd months?


  • Registered Users Posts: 9,624 ✭✭✭wmpdd3


    Thanks eoin for them links.

    I just had another question also, when I got the job I agreed for there to be a deduction out of my second and third pay for "recruitment costs". Will I get all of this deducted from my first pay slip seeing as I won't be around for the second and third? Or seeing as I was fired should I not have to pay for this as I only agreed for it to be taken on the 2nd and 3rd months?

    'recruitment costs,' Unless that's for your uniform or something tangible, that deduction is illegal.

    Under 'The Payment of Wages Act 1991'

    'recruitment costs' is not a valid deduction.


  • Registered Users Posts: 166,026 ✭✭✭✭LegacyUser


    wmpdd3 wrote: »
    'recruitment costs,' Unless that's for your uniform or something tangible, that deduction is illegal.

    Under 'The Payment of Wages Act 1991'

    'recruitment costs' is not a valid deduction.

    Well I did get a uniform but it wasn't the full uniform. Also the sheet I signed stated "recruitment costs" to be deducted from my second and third pay.


  • Registered Users Posts: 166,026 ✭✭✭✭LegacyUser


    Well I think I have the social welfare part sorted. Was down there on Friday and got all the forms to be filled out. I have enough stamps in the relevant tax year for JSB so all good.

    I still haven't been paid by my old employer though. The manager has been ignoring several calls and texts I have made to him.

    I have the number to head office in the UK, I was wondering should I ring them in the morning? Maybe ask to be put through to payroll?


  • Registered Users Posts: 9,624 ✭✭✭wmpdd3


    You could try but they will probably just refer you to your manger. There payroll is probably bit located at the Head office, but outsourced to another company. the may not give you the number as they will want to limit the calls the out sourcing company has to field.

    At this stage I would hand in a letter stating how much you are owed and as for a date this will be paid, 'before you have to take this further'.

    Are you paid into the bank or in cash weekly or monthly?

    If it is into the bank, it could take a while for you details to be set up on the system but still they should have a process where you can get paid in lieu of your money transfer.


  • Registered Users Posts: 166,026 ✭✭✭✭LegacyUser


    Hi again,

    I'm very annoyed as I was told on Monday I'd be paid by Thursday or Friday latest and just checked my online banking there and it's not there. I'm going to wait until the banks open before I ring.

    I have had no income for 4 weeks now so I really need this money. How can I put pressure on my old employer to pay me?


  • Registered Users Posts: 166,026 ✭✭✭✭LegacyUser


    hi again. Still no payment or P45 so have rang Revenue and am going to contact the LRC tomorrow. Just a quick question, am I due any holiday pay? In other jobs it's been 8% of gross.


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  • Registered Users Posts: 2,949 ✭✭✭dixiefly


    Sorry to hear about that...it is absolutely disgraceful. What industry / type of job is it?

    Has anyone mentioned the small claims court? it may be possible to pursue what you are owed that way.


  • Registered Users Posts: 25,966 ✭✭✭✭Mrs OBumble


    hi again. Still no payment or P45 so have rang Revenue and am going to contact the LRC tomorrow. Just a quick question, am I due any holiday pay? In other jobs it's been 8% of gross.

    Almost certainly. 8% is based on 20 days a/l per year in your contract.

    Write a letter threatening to take it down a legal route .... maybe even CC a lawyer in (check it with them first).


  • Closed Accounts Posts: 645 ✭✭✭chicken fingers


    Youre looking for holiday pay for a job you couldnt even hold for 1 week?

    Sounds like theres another side to this, its not just an evil employer who is taking crazy illegal advantage of their staff and making ridiculous deductions.
    Sounds like a personality conflict and sounds like theres more to it that the sweatshop conditions you present.

    If youre looking for holiday pay after 5 days in the job, I would guess if you had any real beef or any real illegal demands you would already be into the courts.


  • Registered Users Posts: 166,026 ✭✭✭✭LegacyUser


    Youre looking for holiday pay for a job you couldnt even hold for 1 week?

    The reason I asked about holiday pay is because it is one of the sections to fill out on the form for the LRC. Also because they've wasted so much time on me and treated me so badly that even if I'm entitled to a small amount I'd like it.
    Sounds like theres another side to this, its not just an evil employer who is taking crazy illegal advantage of their staff and making ridiculous deductions.
    Sounds like a personality conflict and sounds like theres more to it that the sweatshop conditions you present.

    That's a lot of assuming on your part there. There probably is more to it than I went into, but that would be in relation to how they treated their staff that I didn't feel the need to go into. I've never left a job on bad terms from my first part time job as a teenager and left my most recent job on very good terms and was only due to closure.
    If youre looking for holiday pay after 5 days in the job, I would guess if you had any real beef or any real illegal demands you would already be into the courts.

    Well I don't think there is a point trying to pursue this any further as I was within the probation period so they can let me go for any reason really.

    All I'm trying to do is get paid and my P45. I was let go because I wouldn't let them walk all over me. They've wasted a lot of my time and complicated a lot of things for me but I'm putting this down to experience and just want to wash my hands of them at this stage.


  • Registered Users Posts: 166,026 ✭✭✭✭LegacyUser


    Hey, just an update on this. Only gotten a reply from them now. Apparently I will get paid in the second week of August along with my P45.

    I'm wondering do people think this is reasonable? Is 6 weeks from my day of finishing a reasonable time to be waiting on my pay and P45?

    I personally don't think it's on but wanted other opinions. Is there anything I can do? Or do I just have to be at their mercy? I've had no income in over a month now. :(


  • Closed Accounts Posts: 401 ✭✭steel_spine


    Haveyou gotten on to the National Employment Rights Authority yet?

    http://www.employmentrights.ie/

    I went to Citizens Advice over similar but less severe issues and was told they could help me.


  • Registered Users Posts: 166,026 ✭✭✭✭LegacyUser


    Haveyou gotten on to the National Employment Rights Authority yet?

    http://www.employmentrights.ie/

    I went to Citizens Advice over similar but less severe issues and was told they could help me.

    Yeah I rang NERA just after I started the thread. They told me to contact Revenue about the P45 and LRC about my wages.

    I have contacted Revenue twice now and was going to send the form to the LRC but said I'd hold off to see did they pay me correctly.


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