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"Temporary" Lay Off

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  • 09-07-2020 7:34pm
    #1
    Registered Users Posts: 166,026 ✭✭✭✭


    Hi all,

    Just looking for some advice on a work issue I'm having.
    I have been working full time in my current company for the last 4 years. I was the only person in my department until late last year, when another person was hired in a part time capacity.
    We would share duties for about 60% of tasks, with the remaining 40% being tasks we each have sole responsibility for.
    It's a small sized company, less than 30 staff, and not in retail/hospitality or any other industries directly effected by covid-19.

    My overall manager took an outright dislike to me from day one, despite being well liked and respected by all my other line managers & persons with authority.
    He has previously pulled me into meetings for reasons such as taking 5 doctor certified sick days over the course of one year (my contract stipulates no sick pay, so it wasn't costing them money), being 1 minute late back from my lunch break, saying "hi" on the phone, and putting cups in the dishwasher on company time instead of after work/on my lunch break. He doesn't treat other employees like this, just me.

    When covid-19 hit in March, I was told it wouldn't be possible for me to work remotely and I would be temporarily laid off.
    All other staff were set up to work remotely, including my new colleague.
    I was told that the slight difference in her work meant that she would be able to and I wouldn't, and even though I disagreed with this, I took it on the chin.
    I'm on a pretty poor wage, and he joked that I wouldn't be losing out much being on the covid-19 payment as my usual wage isn't much higher, and that it shouldn't be a bother to me for that reason.

    Two months passed and I heard nothing about a return to work, so I emailed querying if there was any update. I was told there wasn't.
    Meanwhile, I've been in touch with numerous colleagues across all departments, who have confirmed that apart from a brief lull in April, we are busier than ever and haven't really experienced any downturn to speak of.
    To date, I am still the only employee who was laid off, and the other newly hired person has worked throughout the pandemic.
    I have even heard that she has taken on some of my responsibilities, so she is doing my job now as well as her own.
    The office is now back open with a small number of staff working remotely.

    I honestly feel this wasn't done for economic reasons, but more so because my boss doesn't like me and didn't expect me to kick up a fuss.
    I've now been out of work for just under 4 months, the emergency covid-19 payment is finished at the start of August and I've still had no communication whatsoever from my boss.
    I made it clear last time I was speaking to him (over a month ago) that I'm really anxious to return asap if possible.

    At this point, if I can find another job I'm obviously going to take it as I've been treated so appallingly, but I can't help but think that they are trying to constructively dismiss me.
    If they do not offer me my job back, but allow the new colleague to take over my role (she has been employed for 6 months vs. my 4 years), do I have any recourse?

    Any advice on what I can do here, or what I could say when I contact my boss to ask what's going on with my expected return to work?
    (besides get another job, which I'm trying very hard to do).


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