Notice period for end of contract

jupiler_beer

Hi,

I was employed by a agency, sub-contracted out to a company. Due to downsizing the company in which i was sub-contracted out to, gave me a 4 week notice that they would not require my services.

My agency never notified me about ending my contract, but my contract would have been up 2 weeks after finishing with the company i was subcontracting to.
My contract with agency states that notice period is 1 month and is to be given in writing. Would I be correct in saying that since the agency never gave me an months notice, i am entitled to be paid till end of contract (additional 2 weeks pay after finishing work with company i was sub contracted to).

NoQuarter

jupiler_beer wrote: »

Hi,

I was employed by a agency, sub-contracted out to a company. Due to downsizing the company in which i was sub-contracted out to, gave me a 4 week notice that they would not require my services.

My agency never notified me about ending my contract, but my contract would have been up 2 weeks after finishing with the company i was subcontracting to.
My contract with agency states that notice period is 1 month and is to be given in writing. Would I be correct in saying that since the agency never gave me an months notice, i am entitled to be paid till end of contract (additional 2 weeks pay after finishing work with company i was sub contracted to).

That seems like the right interpretation to me. Assuming the 1 month notice applies equally to the agency as it does for you to get out of the contract too.

But you would want proper legal advice if you were to tak it further so the contract could be read. Is it worth the hassle youll have to ask yourself.

jupiler_beer

NoQuarter wrote: »

That seems like the right interpretation to me. Assuming the 1 month notice applies equally to the agency as it does for you to get out of the contract too.

But you would want proper legal advice if you were to tak it further so the contract could be read. Is it worth the hassle youll have to ask yourself.

Thanks NoQuarter, even if i'm right, would i end up bearing the cost of a solicitor to resolve this, or would the my legal costs be added on to the judgement

NoQuarter

If you are right, you should get your costs awarded to you. So you will get what youre owed plus costs. You could give this one a go yourself if you felt up to it. We cant give legal advice on this forum so theres not much more I can say!

Have a look around the courts.ie website:

http://www.courts.ie/courts.ie/library3.nsf/pagecurrent/380455CBD85B0A01802576D9005E97CD?opendocument&l=en

http://www.courts.ie/rules.nsf/53bd32841fc5bbf280256d2b0045bb5d/9ded67e17381e1f580257638004f6e0e?OpenDocument

jupiler_beer

NoQuarter wrote: »

If you are right, you should get your costs awarded to you. So you will get what youre owed plus costs. You could give this one a go yourself if you felt up to it. We cant give legal advice on this forum so theres not much more I can say!

Thanks

NoQuarter

jupiler_beer wrote: »

Thanks

No worries. Have a look at the links ive left above too.

jupiler_beer

Submitted my complaint through Employment appeals tribunal, received a letter from the Employment appeals tribunal 04/04 advising that a reference number was assigned and a copy of the appeal was sent to respondent to appeal, low and behold i get a call today, as i was i unable to pick they left a voicemail, the respondent contacting me acknowledging me that it was a error and mis-communication on their part and they would like to settle arrears.

Should i accept this, or should i progress this. I have had numerous payment issues with this company, at the moment i feel like just digging my heels in and making their life painful as over the years i have constantly have been chasing them. If i held out for a court appearance would i get any compensation??

Don;t like this approach, but feel they need to learn a lesson. At one stage i was nearly looking at striking until the company I worked for intervened and applied pressure on them to resolve my wage arrears.

Appreciate any feedback from anyone who was in a similar position.

thanks.

NoQuarter

Any answer to the above would for sure be legal advice and we cant go there! The mods beat us when we do. With sticks.

jupiler_beer

NoQuarter wrote: »

Any answer to the above would for sure be legal advice and we cant go there! The mods beat us when we do. With sticks.

OK appreciate that, would it be possible to know if anybody was awarded compensation on any claim with the employment appeals process. Not looking for advice on my case just past experience in general whether court findings allow for compensation.