Mediation Process\?

psalbmb

I'm in the middle of bringing my former employers to court for
1: Discrimination of sexual orientation, under the Employment Equality Act 1998;
my Question is, for the discrimination claim, the Employment Tribunal has set a date for "a Mediation process". what does this involve? do I have to attend? Do I need legal representation? Is the onus on the employer to prove to the contrary?
If anyone could shed some light on this topic, I'd be most grateful. btw I'm a full-time student, so unless a solicitor is necessary, I'd prefer to represent myself.

Reloc8

http://www.equalitytribunal.ie/Mediation/ answers all of your questions.

The equality tribunal will have sent you out a pack with all that stuff in it anyway as well.

Procrastastudy

psalbmb wrote: »

I'm in the middle of bringing my former employers to court for
1: Discrimination of sexual orientation, under the Employment Equality Act 1998;
my Question is, for the discrimination claim, the Employment Tribunal has set a date for "a Mediation process". what does this involve? do I have to attend? Do I need legal representation? Is the onus on the employer to prove to the contrary?
If anyone could shed some light on this topic, I'd be most grateful. btw I'm a full-time student, so unless a solicitor is necessary, I'd prefer to represent myself.

If your college has a law faculty check to see if they run a FLAC if not find the local one and go.

psalbmb

Procrastastudy wrote: »

If your college has a law faculty check to see if they run a FLAC if not find the local one and go.

I went to citizens information but not much use. what would a FLAC do?

Reloc8

FLAC = Free Legal Advice Centre.

psalbmb

thanks for that.

Also Guys, I'm taking a claim also under the payment of wages act 1991, however I'm aware I cant divulge into greater detail however to cut a long story short, I wasn't receiving my proper "wage" due to "till shortages" etc...Its just come to light that my Manager of 4 years, was supposedly caught stealing from the till's and was sacked for gross misconduct. Would this have any effect on the decision of the rights commissioner? and Can i mention it, as Im sure my employer isnt aware that I know about that incident? any help would be great thanks

ps; Any Solicitors on here that would like to represent me? PM ME

Reloc8

psalbmb wrote: »

tIts just come to light that my Manager of 4 years, was supposedly caught stealing from the till's and was sacked for gross misconduct. Would this have any effect on the decision of the rights commissioner?

No. Sure how could it ? Either you were paid the money you were entitled to or you wern't.

'MY RIGHTS HAVE BEEN INFRINGED'

'Why ?'

'MY EX-MANAGER WAS SUPPOSEDLY FIRED FOR MISCONDUCT'

'So what'

psalbmb wrote: »

and Can i mention it, as Im sure my employer isnt aware that I know about that incident? any help would be great thanks

You can mention whatever you like. From what you say however all you know is that something 'supposedly' happened. And the something is irrelevant anyway.

p.s. you'll find a solicitor will be happy to represent you, if you are happy to pay their fees, which are not recoverable against the other party for this sort of thing. You can walk in the door of the solicitor's off your choosing to discuss this rather than repeatedly look for somebody off the interweb.

ResearchWill

Reloc8 wrote: »

No. Sure how could it ? Either you were paid the money you were entitled to or you wern't.

'MY RIGHTS HAVE BEEN INFRINGED'

'Why ?'

'MY EX-MANAGER WAS SUPPOSEDLY FIRED FOR MISCONDUCT'

'So what'



You can mention whatever you like. From what you say however all you know is that something 'supposedly' happened. And the something is irrelevant anyway.

p.s. you'll find a solicitor will be happy to represent you, if you are happy to pay their fees, which are not recoverable against the other party for this sort of thing. You can walk in the door of the solicitor's off your choosing to discuss this rather than repeatedly look for somebody off the interweb.

The OP said he also has a claim under the payments of wages act for (and this is important) deductions from his salary for till shortages. The OP has now discovered that his manager has been fired for taking money from the till. I think the two matters are very much connected.

Reloc8

Fair point there could be a connection...but I didn't understand him to be saying that his dodgy manager was pocketing money from his till.

Maybe the OP can clarify. If its that the dodgy manager was shorting the till and the OP was being blamed, well, an employer making that case would be in a lot of trouble without strong evidence that the shortages were in fact the OP's fault.

psalbmb

As you both can imagine, I'm not entitled to go into greater detail as this case is still pending, however, what happened briefly was in the context of the catering industry. ie: we got gratuities from guests who would have left tips onto their room for the server, ie: me. However from your X amount of Gratuities deductions were made if your till was short or if you had a "walk-out" ie: a customer left without paying. it does NOT state in my contract that my employer can make such deductions and as gratuities is constituted as pay, under the payment of wages act 1991, hence why Im taking a claim for it. As my manager was stealing from the tills, this affected the amount of gratuities i received.

psalbmb

Does anyone know if the FLAC provide free legal aid? and If so, would I be entitled to it? Im a full-time student, and I work 20 hours max a week?I've never claimed any social welfare payments though. Any suggestions would be most helpful.

schemingbohemia

It's advice they provide not an actual solicitor.

Have you visited them yet? Have you done anything that has previously been advised such as talking to your students union or law faculty in your college?

psalbmb

schemingbohemia wrote: »

It's advice they provide not an actual solicitor.

Have you visited them yet? Have you done anything that has previously been advised such as talking to your students union or law faculty in your college?

Yes, I have spoken to my Law Dept in College and she's said I've a very strong case. She said for the mediation process, I wouldn't need a solicitor as its an informal process and as I've a good idea of employment law,she advised me to go alone. But the other side will most definitely have legal representation so Im unsure...

ResearchWill

psalbmb wrote: »

Does anyone know if the FLAC provide free legal aid? and If so, would I be entitled to it? Im a full-time student, and I work 20 hours max a week?I've never claimed any social welfare payments though. Any suggestions would be most helpful.

Contact your Students Union, I know a few have arrangements with local solicitors.

Procrastastudy

psalbmb wrote: »

Does anyone know if the FLAC provide free legal aid? and If so, would I be entitled to it? Im a full-time student, and I work 20 hours max a week?I've never claimed any social welfare payments though. Any suggestions would be most helpful.

FLAC is free to everyone. I'm not sure they'd be over the moon if a premier league footballer showed up.

psalbmb wrote: »

Yes, I have spoken to my Law Dept in College and she's said I've a very strong case. She said for the mediation process, I wouldn't need a solicitor as its an informal process and as I've a good idea of employment law,she advised me to go alone. But the other side will most definitely have legal representation so Im unsure...

Hmm - seems a bit suspect that your law department would a) be one person b) advise you on the merits of your case. At best this sounds like a law academic. When you say you've a good idea of employment law - be careful that's a very subjective term and people, myself as an example, rarely now 10% of what they think they know.

ResearchWill wrote: »

Contact your Students Union, I know a few have arrangements with local solicitors.

+1

psalbmb

Procrastastudy wrote: »

FLAC is free to everyone. I'm not sure they'd be over the moon if a premier league footballer showed up.



Hmm - seems a bit suspect that your law department would a) be one person b) advise you on the merits of your case. At best this sounds like a law academic. When you say you've a good idea of employment law - be careful that's a very subjective term and people, myself as an example, rarely now 10% of what they think they know.



+1

yes, the law dept in college has more than one person. She in particular is my employment law lecturer. Well I've done employment Law for over 4 years so yes, I would have a fair understanding of it. I'm not saying i know everything in the employment law field, but i'd know more than most people who haven't studied it. But thanks for you're advice

Procrastastudy

psalbmb wrote: »

yes, the law dept in college has more than one person. She in particular is my employment law lecturer. Well I've done employment Law for over 4 years so yes, I would have a fair understanding of it. I'm not saying i know everything in the employment law field, but i'd know more than most people who haven't studied it. But thanks for you're advice

Hmmm again I'd be fairly concerned that you've been studying it for 'over 4 years' what is the nature of the course? Most undergrad law degrees would do a semester at most. This sounds more like a management or HR course.

Either way if you're relatively happy to go it alone do so; it's only a mediation process. They are generally fairly informal. Just make sure you're sure of what you're saying and have sought legal advice, from a practitioner, before you do imho.

psalbmb

1

NoQuarter

I suggest you stop posting the full facts of your case where everyone, including your opposite number and the mediator can read them.

psalbmb

thanks No Quarter

psalbmb

Just to inform everyone, this case is now closed! An agreement was reached between both parties, and I want to thank everyone on here for their assistance with this case.