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Advice on trying to get a new job after being dismissed

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    #32
    ibarelycare
    Registered Users Posts: 58,456 ✭✭✭✭ibarelycare


    _Brian wrote: »

    Now, you can say you lost it or last job were dragging their heels and you don't mind sorting the emergency tax out.. The only fly in the ointment is if some proactive admin contacts your last employer looking for the P45 only to find out they werent your last employer at all !!

    An employer cannot give a P45 to anyone apart from the employee and to Revenue. It would be a complete breach of data protection laws for them to pass it on to a third party. The onus is on the employee to sort out their tax situation...no payroll processor is going to take the time to chase a previous employer for an employee's P45. It's already been explained numerous times and in great detail in this thread how the OP can go about sorting out his tax situation without having to provide a P45 to their new employer. Once the new employer has a tax certificate from Revenue, they won't need the P45 at all.


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    #33
    bbari
    Registered Users Posts: 996 ✭✭✭bbari


    +1 on the above.

    It doesn't matter to the employer whether their employees are on Emergency Tax, Week 1 or Normal basis therefore there is no need for them to chase it.


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    #34
    judeboy101
    Banned (with Prison Access) Posts: 3,246 ✭✭✭judeboy101


    Sunnydays77 wrote: »
    I don't know my contact was in my desk and I was so shocked I forget and left it there. Also I was never given a company hand book. Until I received a letter in the post yesterday I was unsure what had happened as in the meeting it was said I think it's best if you leave. I tried to responsed but next thing I knew I was escorted out and my daughters car seat removed from the car and I was left standing in the car park bewildered as to what had just happen.

    I emailed them Monday night looking for answers and got no reply then the termination letter in the post

    Get yourself sorted in new job and then lawyer up and sue the crap out of old company. What you describe is pretty illegal on the part of your former employers. No disciplinary procedures or notice of termination. No confidentiality clause in contract.


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    #35
    Sunnydays77
    Registered Users Posts: 22 ✭Sunnydays77


    judeboy101 wrote: »
    Get yourself sorted in new job and then lawyer up and sue the crap out of old company. What you describe is pretty illegal on the part of your former employers. No disciplinary procedures or notice of termination. No confidentiality clause in contract.

    Does that apply when still on probation?


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    #36
    [Deleted User]
    Posts: 11,614 ✭✭✭✭ [Deleted User]


    Sunnydays77 wrote: »
    I thought I did, how do I get round this?

    Also I have filled in the forms for loan parent so I think I will actually have to give my P45 to them would i get one from them when I start work?

    Probably the only person to see your P45 will be the girl in Payroll who couldn't care less what was the last job you had, but you can avoid giving the P45 by saying youve not recieved it yet. Then get the tax number of the company, ring the tax office and tell them you just started a new job and need your tax records updated. They will ask for your PPS number and your new employers tax number and that will be that.


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    #37
    el_gaucho
    Registered Users Posts: 565 ✭✭✭el_gaucho


    Sunnydays77 wrote: »
    Does that apply when still on probation?

    Generally, there is no such thing as unfair dismissal in Ireland in the first 12 months. There are a few exceptions but they count in your case.

    Click the link and scroll down to Service.
    http://www.citizensinformation.ie/en/employment/unemployment_and_redundancy/dismissal/unfair_dismissal.html


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    #38
    spaceHopper
    Registered Users Posts: 3,998 ✭✭✭spaceHopper


    One of your references warned you after you'd already given you notice. You had a moan with a colleague and your boss found out. Unless you are holding back it does not sound like a sacking offence. I'd say your boss felt it wasn't working out for whatever reason instead of sitting down talking to you about it and possible sorting it out she exploited the situation and fired you. It didn't sound like your fault. Get a new job. If you want to get your own back if your boss isn't the owner write to the CEO and ask for an explanation or get a solicitor to do it. Do it two weeks before Christmas and you'll really ruin her year


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    #39
    Sunnydays77
    Registered Users Posts: 22 ✭Sunnydays77


    spaceHopper wrote: »
    One of your references warned you after you'd already given you notice. You had a moan with a colleague and your boss found out. Unless you are holding back it does not sound like a sacking offence. I'd say your boss felt it wasn't working out for whatever reason instead of sitting down talking to you about it and possible sorting it out she exploited the situation and fired you. It didn't sound like your fault. Get a new job. If you want to get your own back if your boss isn't the owner write to the CEO and ask for an explanation or get a solicitor to do it. Do it two weeks before Christmas and you'll really ruin her year


    That's exactly what think they used it to exploit the situation, also I have found out they have decided to employ someone in another area so probably didn't want to be paying both salaries. They could have just had a simple it's not working out conversation and offer me the option to resign instead of this. That person is the owner so have no one superior to go to. I just want to get a new job and forget about it all


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    #40
    Stonedpilot
    Registered Users Posts: 1,253 ✭✭✭Stonedpilot


    Some employers are petty heartless fecks and couldnt care less how devestating being sacked is. Bet the petty spiteful fecks enjoy it to a degree!.. Being escorted out is them being vindictive I feel. Has happened to me and will happen to others. My advice is make sure they pay you what you are owed and forget about them.
    Lifes too short.

    A question to others though can you use a reference from company you were sacked from?. If you want the new employer to know you worked there. Logic would dictate not to but what if you have to as the previous company is very similar to new one and you got interview based on this.


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    #41
    Jim2007
    Moderators, Business & Finance Moderators Posts: 10,303 Mod ✭✭✭✭Jim2007


    el_gaucho wrote: »
    Generally, there is no such thing as unfair dismissal in Ireland in the first 12 months. There are a few exceptions but they count in your case.

    You don't have to take a case under labour law... It is not the case that you have no remedies just because you don't met criteria of the labour law.


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    #42
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Sunnydays77 wrote: »
    I don't know my contact was in my desk and I was so shocked I forget and left it there. Also I was never given a company hand book. Until I received a letter in the post yesterday I was unsure what had happened as in the meeting it was said I think it's best if you leave. I tried to responsed but next thing I knew I was escorted out and my daughters car seat removed from the car and I was left standing in the car park bewildered as to what had just happen.

    I emailed them Monday night looking for answers and got no reply then the termination letter in the post

    It sounds like you were treated pretty outrageously. You should have at least received a letter in advance warning you that an investigation into alleged serious misconduct was taking place, warned that it could result in sanction including termination, advised that another person could attend with you etc. Due process is an implied requirement in any such process. The fact that you only worked 3 months is an issue, there are (narrow) grounds where a period of less than 1 year is not a bar to a complaint of unfair dismissal to the WRC, such as dismissal for reason of pregnancy etc.

    Speak to a Solicitor. I'm not saying you covered yourself in glory btw, but that process you faced sounds all wrong.


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    #43
    Sunnydays77
    Registered Users Posts: 22 ✭Sunnydays77


    Stonedpilot wrote: »
    Some employers are petty heartless fecks and couldnt care less how devestating being sacked is. Bet the petty spiteful fecks enjoy it to a degree!.. Being escorted out is them being vindictive I feel. Has happened to me and will happen to others. My advice is make sure they pay you what you are owed and forget about them.
    Lifes too short.

    A question to others though can you use a reference from company you were sacked from?. If you want the new employer to know you worked there. Logic would dictate not to but what if you have to as the previous company is very similar to new one and you got interview based on this.

    The one I was sacked from is actually not related to the job I have applied for or the previous job that I did before it either so I could leave it off


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