Work issue with holidays

Tell me how

Establishment trying to shut down the people who disagree with water charges!!!

That's what's wrong with this country Joe.

5rtytry56

What kind of politics?
Fiefdom KINGDOM of Kerry or Kildare Street Strutting?

Wanderer2010

lawred2 wrote: »

that makes zero sense

you think they were acting up a little play for the benefit of the OP outside the door?

Of course, yes. Happens all the times in upper management. Director will feign shock and outrage at fellow director after hearing complaint, then make a big show about how things will change, maybe some shouting to give off the impression that "heads will roll" when really its a pre-planned little show designed to head off the common workers and get back to normality and nobody gets sacked over it.
You would want to be very naïve to think that doesn't happen.

Banterbus28

Wanderer2010 wrote: »

lawred2 wrote: »

that makes zero sense

you think they were acting up a little play for the benefit of the OP outside the door?

Of course, yes. Happens all the times in upper management. Director will feign shock and outrage at fellow director after hearing complaint, then make a big show about how things will change, maybe some shouting to give off the impression that "heads will roll" when really its a pre-planned little show designed to head off the common workers and get back to normality and nobody gets sacked over it.
You would want to be very naïve to think that doesn't happen.

What a sad waste of time.

If you are going to spend that much energy doing that kinda of crap you don't deserve the oxygen you breathe.

TallGlass

Banterbus28 wrote: »

It also can't be wrongful dismissal as OP resigned.

No. Law exists for this case type.

Your put in such a position that the conditions are so unworkable. You have to leave or resign the post.

Doesn't mean what so ever you can't take a case against an employer.

This comes down to a personal level, OP has a good case here. Company try to remedy the situation. OP found this again wouldn't work as manger would have it on for them.

Company didn't offer any option to move OP away from them. OP had to sit out last days under both managers, EU manager knowing the confilct and still allowed this to happen.

To finish off this case, OPs American manager sent an email threating in nature to them.

I mean, I nearly expect the EU director has enformed his direct reports that there could be a situation.

IMO, OP well within there rights to take a case here.

Banterbus28

TallGlass wrote: »

Banterbus28 wrote: »

It also can't be wrongful dismissal as OP resigned.

No. Law exists for this case type.

Your put in such a position that the conditions are so unworkable. You have to leave or resign the post.

Doesn't mean what so ever you can't take a case against an employer.

This comes down to a personal level, OP has a good case here. Company try to remedy the situation. OP found this again wouldn't work as manger would have it on for them.

Company didn't offer any option to move OP away from them. OP had to sit out last days under both managers, EU manager knowing the confilct and still allowed this to happen.

To finish off this case, OPs American manager sent an email threating in nature to them.

I mean, I nearly expect the EU director has enformed his direct reports that there could be a situation.

IMO, OP well within there rights to take a case here.

Then it's constructive not wrongful.

Tell me how

TallGlass wrote:

IMO, OP well within there rights to take a case here.

Banterbus28 wrote:

Then it's constructive not wrongful.

I have been involved in work experiences that led to the wrc.

Very few cases result in significant payouts for applicants. Very often it comes down to the degree to which the claimant was out of pocket but they have to show they were trying to get work during that period.

Based on discussions barrister and solicitors around the experiences I was involved in, I'd suggest the OP here would be best advised to chalk this up as a win and forget about them and get an with hopefully planning a wedding.

davo10

TallGlass wrote: »

No. Law exists for this case type.

Your put in such a position that the conditions are so unworkable. You have to leave or resign the post.

Doesn't mean what so ever you can't take a case against an employer.

This comes down to a personal level, OP has a good case here. Company try to remedy the situation. OP found this again wouldn't work as manger would have it on for them.

Company didn't offer any option to move OP away from them. OP had to sit out last days under both managers, EU manager knowing the confilct and still allowed this to happen.

To finish off this case, OPs American manager sent an email threating in nature to them.

I mean, I nearly expect the EU director has enformed his direct reports that there could be a situation.

IMO, OP well within there rights to take a case here.

Sorry, but this is rubbish. The organisation of working time act is unambiguous in conferring rights on the employer as to when leave is granted. Also, the op is being made aware of this 4 months before the leave period. They mucked up, the ops boss is an ass there is no doubt, the op was right to leave, but the employer tried to remedy the situation, change their policy and offered a pay rise, the op refused. So to say that is constructive dismissal is rubbish, they are not trying to force the op to leave, they actively tried to keep him/her.

There is case law on CD, loads of no doubt, but I'd certainly like to see the case law you refer to for a situation like the ops, can you provide a link?

Banterbus28

davo10 wrote: »

TallGlass wrote: »

No. Law exists for this case type.

Your put in such a position that the conditions are so unworkable. You have to leave or resign the post.

Doesn't mean what so ever you can't take a case against an employer.

This comes down to a personal level, OP has a good case here. Company try to remedy the situation. OP found this again wouldn't work as manger would have it on for them.

Company didn't offer any option to move OP away from them. OP had to sit out last days under both managers, EU manager knowing the confilct and still allowed this to happen.

To finish off this case, OPs American manager sent an email threating in nature to them.

I mean, I nearly expect the EU director has enformed his direct reports that there could be a situation.

IMO, OP well within there rights to take a case here.

Sorry, but this is rubbish. The organisation of working time act is unambiguous in conferring rights on the employer as to when leave is granted. Also, the op is being made aware of this 4 months before the leave period. They mucked up, the ops boss is an ass there is no doubt, the op was right to leave, but the employer tried to remedy the situation, change their policy and offered a pay rise, the op refused. So to say that is constructive dismissal is rubbish, they are not trying to force the op to leave, they actively tried to keep him/her.

There is case law on CD, loads of no doubt, but I'd certainly like to see the case law you refer to for a situation like the ops, can you provide a link?

You's argue that the sky is purple not blue wouldn't you?

The OP won, otgerside has admitted to fault repeatedly....

davo10

Banterbus28 wrote: »

You's argue that the sky is purple not blue wouldn't you?

The OP won, otgerside has admitted to fault repeatedly....

I'm not arguing that, I said from the outset that the boss was wrong and the op was right to leave. What I am arguing is the ridiculous posts stating the op has a case for CD or that legally the op had a right to compensation.

CD is where the employer changies an employee's job or working conditions with the aim of forcing their resignation. Given that they offered a remedy, offered to change worked practices, offered an increase, and had the protection of the OoWTA, how were they forcing the op to resign? In this case, purple is purple and blue is blue in relation to CD.

Banterbus28

davo10 wrote: »

Banterbus28 wrote: »

You's argue that the sky is purple not blue wouldn't you?

The OP won, otgerside has admitted to fault repeatedly....

I'm not arguing that, I said from the outset that the boss was wrong and the op was right to leave. What I am arguing is the ridiculous posts stating the op has a case for CD or that legally the op had a right to compensation.

OP does have a clear case. However it woupd be massivrly mitogated by the fsct that the cash in the 3nvelope could be considered compensation for the hassle and as such is a form of settlment

davo10

Banterbus28 wrote: »

OP does have a clear case. However it woupd be massivrly mitogated by the fsct that the cash in the 3nvelope could be considered compensation for the hassle and as such is a form of settlment

Ok, what is the clear case? How was the employer trying to force the op to resign?

Banterbus28

davo10 wrote: »

Banterbus28 wrote: »

OP does have a clear case. However it woupd be massivrly mitogated by the fsct that the cash in the 3nvelope could be considered compensation for the hassle and as such is a form of settlment

Ok, what is the clear case? How was the employer trying to force the op to resign?

US manager making clear threats????

davo10

Banterbus28 wrote: »

US manager making clear threats????

That was after the op resigned. So, if the op has a "clear case", how did they force him to resign?

Banterbus28

davo10 wrote: »

Banterbus28 wrote: »

US manager making clear threats????

That was after the op resigned. So, if the op has a "clear case", how did they force him to resign?

Shows intent and malice.

Her behaviour was downright mental and i'm sure the OP has only scratched the surface. I can guarantee a tin god like this woman would take issue once OP started pushing back even before resigning.

davo10

Banterbus28 wrote: »

Shows intent and malice.

Her behaviour was downright mental and i'm sure the OP has only scratched the surface. I can guarantee a tin god like this woman would take issue once OP started pushing back even before resigning.

That's your "clear case", "down right mental"?, ah here. What did his employer do to force the op to resign?

Banterbus28

davo10 wrote: »

Banterbus28 wrote: »

Shows intent and malice.

Her behaviour was downright mental and i'm sure the OP has only scratched the surface. I can guarantee a tin god like this woman would take issue once OP started pushing back even before resigning.

That's your "clear case", "down right mental"?, ah here. What did his employer do to force the op to resign?

No tbe clear case is the fact that he was treated differently than other people when in fact the way he asked for the leave had never been a problem before.

davo10

Banterbus28 wrote: »

No tbe clear case is the fact that he was treated differently than other people when in fact the way he asked for the leave had never been a problem before.

http://www.irishstatutebook.ie/eli/1997/act/20/section/20/enacted/en/html


20.—(1) The times at which annual leave is granted to an employee shall be determined by his or her employer having regard to work requirements and subject—


They would point to this law, also, that is not forcing the op to resign, and they offered a remedy. So where's the "clear case"?

The op, rightly in my opinion, resigned on a point of principle and the bosses, both of them are idiots and hopefully will pay the price for their stupidity.

Tell me how

Banterbus28 wrote:

No tbe clear case is the fact that he was treated differently than other people when in fact the way he asked for the leave had never been a problem before.

They acknowledged early on that the previous extended leave shouldn't have been granted and wouldn't be in future.

There is no case for constructive dismissal here.