Uncontracted worker and now sick

LegacyUser

I am an uncontracted worker in the building trade with the same employer for a number of years, paid by the hour, in cash at first but on the books for the last few years. I've worked 30 - 40 hours or so per week over that time but have never had a formal contract.

Recently, I got a muscle injury preventing me from working. On the day it happened I left work and actually returned to my home country to get treatment as I don't have private health insurance and need to get better quickly.

My boss knew that I was injured but as I was off work for a couple of weeks he sent me a formal notification of disciplinary proceedings. We didn't speak while I was in my home country.

On my return to Ireland I was able to supply a medical certificate from an Irish doctor and I've since provided an extension to the medical certificate. I've not been paid at all during this absence and I also feel that he is trying to remove me from the company.

I intend to seek professional advice on this but I am hoping people can help me prepare for that consultation or provide me with information on my rights? If I need to provide more information let me know.

Diziet

The fact you don't have a formal contract is not relevant. You are on the books and getting paid, therefore you are an employee. Did you keep the employer informed that you were leaving the country to get treatment, and did they know you were sick?
If I was an employer with an employee that went AWOL, I would absolutely start a disciplinary process. But if you kept your employer informed, then it should not happen.
You need professional advice.

Hoboo

Re sick pay: Employers are not obliged to pay sick pay, its at their discretion, its up to you to claim through social welfare.

Re no contract: You should have received one within 2 months of starting, from what you've said you would be considered an employee of service. Contact Workplace Relations for free advice. You can make a formal complaint here http://workplacerelations.ie/en/Frequently_Asked_Questions/Making_a_Complaint/

Give them a call first though. They'll advise you fully.

_Brian

From the employers perspective you left work and went to your home country for weeks with no formal contact or explanation.
Did you provide a cert before leaving or explain in advance what you were going to do ??

You can’t just disappear off and return weeks later expecting everything to be normal. Your employer is entitled to procedure and disappearing off without a word for weeks on end is grounds for termination.

Did you report the muscle injury the day it happened as a work incident?? An injury requiring weeks of treatment is very serious, not reporting the incident is grounds for disciplinary action.

Lastly, as awful as this sounds it’s not the first time I’ve heard of people going back to their home country for “treatment” and coincidentally having a few weeks holidays too. It’s not acceptable and a guy was terminated from my last job for exactly this !

drunkmonkey

Talk to your boss, do not call workplace relations like advised until you speak with the boss and see can you straighten it out.

That call can trigger and audit for your employer and they won't be long figuring out who it could be. Dangerous thing to do if your not in the right.