Fired with Immediate Effect for handing in 4 weeks notice

cherryghost

As above, wife got the chop today. She handed in 4 week notice this morning as per contract agreement today as she was refused 2 week holiday in March (she uses to visit her family in Argentina) that she needs to take, but decided to hand in early as the office is a complete shít-show since a merger happened at the end of last year.

Cue this afternoon she was given a letter of termination with immediate effect. There is no reason stated on the letter.

She started work on 23rd May and her probation cleared in November just gone. Am I right to assume she can't do anything as she had not been working there the full year?

Atlantic Dawn

She handed in her notice, they are letting her go now instead early, once they are paying her the 4 weeks pay I don't see any issue?

cherryghost

Atlantic Dawn wrote: »

She handed in her notice, they are letting her go now instead early, once they are paying her the 4 weeks pay I don't see any issue?

They're not paying her the 4 weeks. They're paying her up to this Friday only.

gandalf

Why did she give four months notice?

Denny_Crane

If she's been there over a year she has full recourse, if not there are still options. Involve an employment law solicitor, they're nowhere near as expensive as people think and certainly nowhere near 3/4 months pay.

Edit: Slightly confused if this is weeks or months we're talking about though.

Okay think it's weeks and she's been there less than a year. There are potential options but really it's not going to be worth pursuing.

cherryghost

gandalf wrote: »

Why did she give four months notice?

Sorry, fixed the title. 4 weeks notice today, fired with immediate effect, payed til this Friday. No justification on the letter she received.

gandalf

I'm assuming that it's four weeks notice. Check her employment contract is she is supposed to give them a months notice they are obliged to give her a reciprocal amount of time. If it isn't then unfortunately they can only give a weeks notice.

uck51js9zml2yt

cherryghost wrote: »

Sorry, fixed the title. 4 weeks notice today, fired with immediate effect, payed til this Friday. No justification on the letter she received.

Contracts work both ways. What justification are they using for not paying her wages in lieu of notice.?

cherryghost

Elias Scrawny Voice wrote: »

Contracts work both ways. What justification are they using for not paying her wages in lieu of notice.?

No justications at all. I told her to get in touch with the office in the AM to seek clarification. She gave the 4 weeks notice this morning. Managers had a meeting. This afternoon she got the letter. Just says shes terminated with immediate effect.

Atlantic Dawn

Are you sure they will not pay her out those 4 weeks? I have seen situations in the past where staff have been let go on the spot when they hand in their notice but at all times they were given full pay up to the end of their notice period.

Creol1

Regardless of how long she has been working there, she is entitled to a written explanation of the reasons for her dismissal.

Dial Hard

cherryghost wrote:

I told her to get in touch with the office in the AM to seek clarification.

Her contract is her first port of call for clarification. What does it say about notice?

stimpson

While unfair dismissals applies after a year, Minimum Notice and Terms of Employment Act, 1973 applies if a worker has been employed for 13 weeks or more:

http://www.irishstatutebook.ie/eli/1973/act/4/section/5/enacted/en/html#sec5

Rights are detailed here:

http://www.irishstatutebook.ie/eli/1973/act/4/schedule/2/enacted/en/html#sched2

I'd say she has them by the short and curlies.

davo10

Creol1 wrote: »

Regardless of how long she has been working there, she is entitled to a written explanation of the reasons for her dismissal.

Not necessarily in this case. Statutory minimum notice for employees who have continuous service for 13 weeks to 2 yrs is just one week, so the op needs to check the contract of employment to see if it states 4 weeks notice must be given in all cases.

The employee can be placed on gardening leave during the notice period, but the employer must pay the employee during this period even though the employee is not required to attend for work.

Given that the ops gf actually handed in a notice of termination, the most she would be entitled to would be the remaining three weeks pay which makes paying a solicitor a waste of money and time. The op needs to read the contract of employment, specifically the terms in the Notice section, then if it is 4 weeks in all cases, his gf should show this to the employer and demand the remaining 3 weeks pay.

davo10

stimpson wrote: »

While unfair dismissals applies after a year, Minimum Notice and Terms of Employment Act, 1973 applies if a worker has been employed for 13 weeks or more:

http://www.irishstatutebook.ie/eli/1973/act/4/section/5/enacted/en/html#sec5

Rights are detailed here:

http://www.irishstatutebook.ie/eli/1973/act/4/schedule/2/enacted/en/html#sched2

I'd say she has them by the short and curlies.

Statutory notice 13 weeks to 2 yrs is only one week. Unless her contract says otherwise, all they are required to give her is one week.

stimpson

davo10 wrote: »

Statutory notice 13 weeks to 2 yrs is only one week. Unless her contract says otherwise, all they are required to give her is one week.

OP says her contract specifies 4 weeks.

Denny_Crane

It's worth checking the reciprocal notice. She might be asked to give 4 weeks in the contract, they may only adhere to the statutory periods. While I'm sure this will be an enlightening and worthwhile academic discussion, practically there is probably very little she can do. I stand to be, and hope to be, corrected there.

Mrs OBumble

cherryghost wrote: »

She started work on 23rd May and her probation cleared in November just gone. Am I right to assume she can't do anything as she had not been working there the full year?

I think - but am open to correction - that because she has officially cleared probation, certain rights start at that point rather than at one year.

Now, it may not be worth the cost of a lawyer to get the extra three weeks wages. But it may be worth it to clear her name, so that if someone asks "have you ever been fired", she can say "no".

Tough call OP. Hope she finds a far better job after visiting her family.

jimmycrackcorm

Mrs OBumble wrote:

I think - but am open to correction - that because she has officially cleared probation, certain rights start at that point rather than at one year.

What rights do you think apply at that point? There is nothing in law about probation periods.

It's usual for contracts to state one week notice during the probation period and then one month afterwards.

As others have mentioned it all depends on what her contract says.

exaisle

The employment contract may specify a notice period longer than the statutory period, and if it does, then the employer has to abide by the contract. By having such terms in the contract, they employer is agreeing to terms that exceed the minimum requirements, so tough toasties on them. The employment contract cannot specify a period shorter than that specified by statute but it can (and often does) specify a longer period.

Refer to the contract. If the notice period is one month, write to the employer pointing that out. If they refuse to pay her for the notice period, she should initiate a complaint with the Workplace Relations Commission as soon as possible. There are time limits, but no harm in getting it in early (the employer would then get written notification and may decide that the most prudent resolution is to settle in full).

Let us know how you get on!

matrim

Is she paid hourly or a monthly wage? If hourly have they just said they won't put her on the roster so she doesn't get any hours?

pilly

If her contract states 4 weeks notice then they should pay it. It will be hard to do anything about it but it's worth threatening a call to NERA to see if they'll pay it to save any hassle. Some companies think someone will just go away but if they question matters they'll pay them the money.

Diziet

I would not threaten with NERA, just call NERA and ask for advice. They are very helpful.

pilly

Diziet wrote: »

I would not threaten with NERA, just call NERA and ask for advice. They are very helpful.

What has OP's wife got to lose though, she's already sacked.

stimpson

Any update OP?

Caliden

I've a friend in insurance who has changed jobs twice in recent years and both times he is escorted off the premises with immediate effect but he was still paid the 4 weeks notice.

I'm not sure if this is the same situation as the OP but it may explain it.

limnam

Caliden wrote: »

I've a friend in insurance who has changed jobs twice in recent years and both times he is escorted off the premises with immediate effect but he was still paid the 4 weeks notice.

I'm not sure if this is the same situation as the OP but it may explain it.

Been placed on garden leave for the notice period is fairly common. Especially when leaving for a competitor. It sounds like this is not garden leave. She was fired

BoatMad

stimpson wrote: »

While unfair dismissals applies after a year, Minimum Notice and Terms of Employment Act, 1973 applies if a worker has been employed for 13 weeks or more:

http://www.irishstatutebook.ie/eli/1973/act/4/section/5/enacted/en/html#sec5

Rights are detailed here:

http://www.irishstatutebook.ie/eli/1973/act/4/schedule/2/enacted/en/html#sched2

I'd say she has them by the short and curlies.

she's entitled to one week notice, unless her contract says otherwise , she has been given one weeks notice.

She hasn't a leg to stand on , Im afraid , the mistake is that she probably didnt need to give them more then a weeks notice and should have worked the next three weeks

lesson learned I think

BoatMad

limnam wrote: »

Been placed on garden leave for the notice period is fairly common. Especially when leaving for a competitor. It sounds like this is not garden leave. She was fired

she wasn't fired, the issue is about notice periods, irrespective she has voluntarily resigned her position

stimpson

BoatMad wrote: »

she's entitled to one week notice, unless her contract says otherwise , she has been given one weeks notice.

She hasn't a leg to stand on , Im afraid , the mistake is that she probably didnt need to give them more then a weeks notice and should have worked the next three weeks

lesson learned I think

Did you even read the OP?

cherryghost wrote: »

As above, wife got the chop today. She handed in 4 week notice this morning as per contract agreement

limnam

BoatMad wrote: »

she wasn't fired, the issue is about notice periods, irrespective she has voluntarily resigned her position

"Cue this afternoon she was given a letter of termination with immediate effect"

This is what we call in the working arena been fired.