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can i fire her?

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  • 23-01-2013 2:03am
    #1
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭


    i manage a restaurant and one of the waitresses is horrible. she's only been there nearly 4 mnths and has NO customer service skills. she was at 35hrs + week but i moved her down to 27. on sunday we had numerous complaints. i want to fire her but not sure what legal aspects there are , especially since i have someone in mind to replace her, so cant really say it's a lack of avail. hours


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    #2
    Eoin
    Registered Users Posts: 21,257 ✭✭✭✭Eoin


    Obviously we can only give generic advice, as no specific legal advice should be looked for or given here.

    Be sure you tread carefully.

    Here's a page on "fair grounds for dismissal" from citizensinformation.ie which might help. You can read this page to get some info on probationary periods.

    Maybe the IBEC site might have some useful links too.

    Can the owner / your manager give you any advice?


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    #3
    Mr Simpson
    Closed Accounts Posts: 7,332 ✭✭✭Mr Simpson


    The unfair dismissals act doesn't apply if you've worked there less than one year. It only applies before then if they're sacked due to pregnancy, maternity leave or trade union membership. Here's an outline of the law:

    http://www.losingyourjob.ie/leaving-work/unfair_dismissal.html


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    #4
    Mrs OBumble
    Registered Users Posts: 25,967 ✭✭✭✭Mrs OBumble


    Eoin wrote: »
    Can the owner / your manager give you any advice?

    Indeed. If she's that horrible, but still got the job, I'd be asking who she's related to and/or sleeping with before taking any rash steps.

    Just sayin' ....


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    #5
    tatli_lokma
    Registered Users Posts: 3,332 ✭✭✭tatli_lokma


    Anyone can get sacked - provided you follow the correct disciplinary processes and procedures and can back up any claims you make. So if you want to sack her, you need to start managing her first (i.e don't just come on boards complaining that she is horrible and customers complain, but actually be a manager and make her aware of her behaviour, take steps to address it, start off informally and then if no result take it further - you say you are a manager, but if you are you really should become more acquainted with the basics of disciplining staff and the legal requirements upon you as a manager of staff).

    What have you been doing/saying when complaints come in about her? is she even aware of these complaints?

    And if you already have someone in mind to replace her, just be warned, this means that you are possibly already biased against the prospect of her improving and therefore you are not following fair and equitable procedures as far as disciplining her goes.


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    #6
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    If you own the cafe now would be a good time to get your house in order and understand the basics of employment law you need. If you don't speak to the owner for some advice.


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    #7
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭LegacyUser


    the manager cant help - i AM the manager haha the owners stand by my decision and wants her gone too.

    i ve talked to her a good 3x about her performance and she keeps giving me excuses and now i ve had enough.

    as for who hired her, it was the old mngr who is now gone. i took his place.


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    #8
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    danaweatherly wrote: »
    the manager cant help - i AM the manager haha the owners stand by my decision and wants her gone too.

    i ve talked to her a good 3x about her performance and she keeps giving me excuses and now i ve had enough.

    as for who hired her, it was the old mngr who is now gone. i took his place.

    You need to get some guidance on employment law. The owner isn't going to be best pleased if you end up a EAT over firing someone without going through the proper procedure. Doesn't sound like the owner has much of a clue either.

    Speak to the owner about investing a few hundred euro in a evening class. It will pay for it self many times over. Luckily with this one she is inside certain time limits but you might not be so lucky in the future. For now start reading through http://www.workplacerelations.ie/en/.


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    #9
    Beruthiel
    Moderators, Social & Fun Moderators Posts: 42,362 Mod ✭✭✭✭Beruthiel


    Was she given a probationary period?
    Normally it is six months.
    If you are let go within that time period, no real reason is required for firing someone.


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    #10
    Mrs OBumble
    Registered Users Posts: 25,967 ✭✭✭✭Mrs OBumble


    Beruthiel wrote: »
    Normally it is six months.

    Everyone has a probationary period.

    Some employers choose to end it after six months, and give out paperwork then saying that you've passed.

    But if they don't say anything about it, then the period is 12 months (AFAIK).


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    #11
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭LegacyUser


    I gave her a warning and she quit. problem solved.


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    #12
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    danaweatherly wrote: »
    I gave her a warning and she quit. problem solved.

    Unless someone suggests taking you for constructive dismissal.


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    #13
    Milk & Honey
    Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    Procrastastudy wrote: »
    Unless someone suggests taking you for constructive dismissal.

    Most unlikely. Under 12 months the EAT has no role. The only option is to sue for common law breach of contract. The damages are the wages for the notice period if not already paid. Waitresses do not go to the High Court for injunctions


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    #14
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Milk & Honey wrote: »
    Most unlikely. Under 12 months the EAT has no role. The only option is to sue for common law breach of contract. The damages are the wages for the notice period if not already paid. Waitresses do not go to the High Court for injunctions

    Sorry I had this confused with the very similar one where someone has over 12 months.


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