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"Dream Job" not as described

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  • 03-11-2012 8:11pm
    #1
    Registered Users Posts: 20


    Hi there

    I started what I thought was going to be my dream job a few months ago as it was in a field I was really interested in, the company were newly founded, the location was nice though a bit far away, and the recruiter sold the role as having nice benefits like a structured review and rise system, pension paid entirely by the company, flexi time and health insurance.

    However, its turned out differently. While the work has been interesting and ive learned a lot since i started, the job has ended up being very different than first described. There is no flexi time after all which is a big deal for me as the office is a good trek for me every day and the rush hour commute on public transport adds an extra hour to my journey. They aren't too keen on introducing it any time soon either.

    More worryingly though, the company notified us lately that they are reneging on the pension benefit and unilaterally amending our contracts so any contributions will come from employees only, as apparently there was a "typo" in our original contracts, meaning its not actually a benefit at all.

    The pension was one of the reasons I moved job, as my previous role had a defined contribution plan where they matched whatever you put in yourself, which now transpires to be much better than what I'm currently being offered.

    Apart from the contract amendment being underhanded and outright illegal, as the employees werent consulted, it makes me think about what else they will just decide to back out of in the future. It isn't the sort of company I signed up to work for.

    We also found out that they are moving the company to a fairly dodgy and remote area with few amenities for lunch etc and it features in the news a lot for all the gangland crime it experiences. The new location will add a further 45 minutes to my commute and I'm not happy to spend 3.5hrs travelling to and from work every day.

    So all in all the allure the role had has completely evaporated and I feel it's time for me to move. The obvious elephant in the room in any interviews would be the short time I spent in the company, but I feel that I have a strong enough case that I could explain to an interviewer and I spent nearly 4 years in my previous job so they would see I'm not a job hopper. Maybe others might disagree?

    I'm just looking for advice and to see if anyone else was in a similar situation and how they dealt with it.

    Thanks a lot for reading


Comments

  • Registered Users Posts: 610 ✭✭✭Clauric


    Sorry to hear about your woes. Often the "dream job" is not all its cracked up to be.

    Getting back to your current situation, I would view the changes to your pension entitlements as being illegal. Firstly, it is a significant change to your overall remuneration, which needs to be negotiated with the employees directly (I'm assuming there is no union). Any change without agreement would be considered a breach of the contract.

    Secondly, a person drawing up a contract cannot, generally, rely on a "typo" or mistake in the contract to put them in a better position. (Offhand, I can't remember the exact legal term for this.) However, the courts would probably back the position that they can't rely on this argument.

    I would, however, get proper legal advice from a good employment solicitor on this aspect of your problem.

    Thirdly, with relation to the moving location, your employers can move the company anywhere they like, more or less, and still expect you to work. If the distance is too much, or you feel there are security issues, I would raise it with them. You might suggest a raise to cover the extra commuting costs, or the introduction of flexi time.

    Hope this helps.


  • Registered Users Posts: 20 dropstar


    Clauric wrote: »
    Sorry to hear about your woes. Often the "dream job" is not all its cracked up to be.

    Getting back to your current situation, I would view the changes to your pension entitlements as being illegal. Firstly, it is a significant change to your overall remuneration, which needs to be negotiated with the employees directly (I'm assuming there is no union). Any change without agreement would be considered a breach of the contract.

    Secondly, a person drawing up a contract cannot, generally, rely on a "typo" or mistake in the contract to put them in a better position. (Offhand, I can't remember the exact legal term for this.) However, the courts would probably back the position that they can't rely on this argument.

    I would, however, get proper legal advice from a good employment solicitor on this aspect of your problem.

    Thirdly, with relation to the moving location, your employers can move the company anywhere they like, more or less, and still expect you to work. If the distance is too much, or you feel there are security issues, I would raise it with them. You might suggest a raise to cover the extra commuting costs, or the introduction of flexi time.

    Hope this helps.

    Thanks for the reply. You're absolutely correct about the location thing, it's just that the recruiter who hired me had given me a specific list of locations they were looking at and they were all much nearer than where they ultimately chose. I think the change is going to really inconvenience a lot of people as well, not just me.

    Having given it some thought, I don't think I'll even go down the route of talking to solicitors as i dont want to win the battle and then lose the war by getting let go; I'd rather leave on my own terms. I'm going to say nothing, put my head down while hunting for a new role in my own time.


  • Closed Accounts Posts: 595 ✭✭✭tony81


    Op, within the first year your contract is not worth the paper it's written on.

    A simple option is to make contact with your old workmates and see if any positions are available. Possibly a better option would be to find another job. If I were you I wouldn't just walk out of your new job but I definitely wouldn't stay any longer than I had to so get jobhunting!

    If you get a new job quick enough you can wait on the company to issue your final paycheque and then demand a payment in lieu of the pension contributions. If they refuse, threaten to get nera on the case. Don't expect the money, but don't give the employer an easy time either.


  • Registered Users Posts: 3,332 ✭✭✭tatli_lokma


    Sorry to hear your situation OP.

    I have nothing more constructive to add to the previous comments regarding your contract etc.

    The only additional advice I can give is to not worry too much about explaining the short time in this company to a new employer. This will be easily explained by saying that when you got the job it was in x location, but shortly after starting they moved offices and the new location was not accessible for you. And this can be easily confirmed.


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