Possible Case for HR or Legal Route

gaatipstr

Hi everyone, Just need a bit of help with regard a situation. I recently left my job for a big computer retailer for a job in another similar company. One of the reasons I left was because of new management that came into the store four months ago. They would clearly pick on me and make me feel like S**T but I just got on with as the job suited me at the time when work was scarce. When I got my new job I gave them a written notice of one week which is stated on my contract and they were obliging....for a while. The week I was leaving I still had expenses to claim for the few months previous. When I asked them to sign off on them, they refused to for no reason. I still was professional and worked till the last hour of the weeks notice. Now I am thinking of bringing this matter further, but I am thinking of including some more points I feel that merit the attention of HR.

- Refusing me holidays when I asked for them 6 weeks in advance and ended up losing out on them
- Forcing me to come into work the next morning when my girlfriend had our baby the night before
- As above, Refusing to sign off on my expenses that I am owed
- Forcing me to lift heavy duty items constantly despite the fact I told him I had a weak back
- Texting me, not ringing me, at 10pm the night before my day off to say I am in at 8am next morning on many occasions
- Making derogatory comments to me in a one to one meeting - there was a witness at this meeting and he can vouch for what he said
- Refusing me my 15 minute break I am entitled to on many an occasion but giving other staff members theirs
- Leaving me short on my payslip many a time and never rectifying it

What I want to know is, do I have a case? And is it a case for the HR Department or down the legal route? BTW the HR Department are very poor.

Any advice would be greatly appreciated
Thanks

LowKeyReturn

gaatipstr wrote: »

- Refusing me holidays when I asked for them 6 weeks in advance and ended up losing out on them

There can be reasons for this - you can't lose holidays though

- Forcing me to come into work the next morning when my girlfriend had our baby the night before

Not sure what the issue is here?

- As above, Refusing to sign off on my expenses that I am owed

Submit them to HR and ask for them directly.

- Forcing me to lift heavy duty items constantly despite the fact I told him I had a weak back

Did you bring in a medical cert?

- Texting me, not ringing me, at 10pm the night before my day off to say I am in at 8am next morning on many occasions

Not on, but did you raise a grievance or attempt to deal with this informally

- Making derogatory comments to me in a one to one meeting - there was a witness at this meeting and he can vouch for what he said

Was this raised at the time? How long ago was it?

- Refusing me my 15 minute break I am entitled to on many an occasion but giving other staff members theirs

Was this raised at the time? This is a possible ground for further action but it's pretty weak.

- Leaving me short on my payslip many a time and never rectifying it

Was it raised woth HR, do you have proof?

What I want to know is, do I have a case? And is it a case for the HR Department or down the legal route? BTW the HR Department are very poor.

Any advice would be greatly appreciated
Thanks

You have recourse through HR but I wouldn't bother with the legal route you've, probably only one actionable complaint. What they're going to do now you've left it questionable. With only one week's notice it sounds as if you were still on probation?

I'd just move on personally - although I'd make sure I got my expenses.

gaatipstr

LowKeyReturn wrote: »

You have recourse through HR but I wouldn't bother with the legal route you've, probably only one actionable complaint. What they're going to do now you've left it questionable. With only one week's notice it sounds as if you were still on probation?

I'd just move on personally - although I'd make sure I got my expenses.

Thanks for the advice. The bit about the baby, I meant that I was in hospital with my GF who was giving birth to our child around midnight and was still expected to be in at 9am. Just didn't think it was fair.
I brought it up about the 15 min breaks and he gave a smart answer each time as if to say ''You can do nothing about it''. I had a medical cert and was still obliged to lift heavy duty items. I have a copy of all the rosters and have all my payslips and every one of them is left short 80-150 Euro a month.

I was told by another employee that unless my expenses are signed off by the manager HR will just throw it out? That cant be right can it?

JDxtra

As above - seek any expenses or pay owed, but otherwise it may be best to move on.

JDxtra

With regard to pay - you really need to be raising these issues as soon as you get your payslip. There is no excuse to having amounts missing from your pay each month. There may be a reasonable explanation, but whatever the cause you need to be putting the effort in to getting it resolved.

Now that you have left, I can't see HR caring that much...

gaatipstr

I know the payslips problem is no goer at this stage but the fact that they refuse to acknowledge them is a case for HR do you not think?

LowKeyReturn

This is not legal advice but if you really want to pursue this further I'd speak to a solicitor about making a claim for constructive dismissal. You're unlikely to get very much as any loss has been mitigated by getting another job, you've also got an issue that you've got a job before leaving, making proving constructive dismissal more problematic.

That said all you're really doing it trying to create a bit of noise so HR pay attention and sort you out, so that you go away. Phone around and look for a free initial consultation with a solicitor.

Eoin

gaatipstr wrote: »

What I want to know is, do I have a case? And is it a case for the HR Department or down the legal route? BTW the HR Department are very poor.

These questions are specifically mentioned in the charter as not being allowed here. Please do not ask for any more legal advice here.

tatli_lokma

OP regarding the more personal problems (like not being approved for leave, not being given leave after the baby was born, the derrogatory comments etc) I would just chalk these down to experience and move on. The time for doing anything about these issues was while you worked there, now you have left you will get nowhere.

However, regarding the short payment of wages, not getting breaks and the H&S issues, you could make a claim via Workplace Relations (NERA) under the Payment of Wages Act and Organisation of working Time act etc. However, you must make your claims promptly (within 6 mths). In addition, you need to have some proof of your claims otherwise it is your word against theirs, and rest assured they will have 'proof' that they acted appropriately.

Contact Workplace relations and ask them what to do as a next step. At the very least it would be great if you could get the underpayment of wages sorted. Even if you can't make a complaint for yourself, your reporting them to Workplace Relations could result in an audit of their practices, which if nothing else, will hopefully give HR and management a bit of a kick up the arse.

wmpdd3

I have seen people post a copy of their payslip with the hours missing to the payroll dept by registered, this would give you a record of having raised each query.