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THERE HAVE BEEN a number of employment appeals reported on in the last month with large sums of money being awarded to workers who were unfairly dismissed.
At the beginning of the month it was revealed that a lifeguard was awarded €27,500 after being sacked for walking out on an aqua aerobics class as instructions given to him in relation to staffing levels were found to be confusing.
More recently a woman was awarded €17,500 after being dismissed while on maternity leave and a Dunnes Stores worker got €16,000 after losing her job for selling alcohol to a 16 year old in a garda sting operation.
Without knowing or being informed of their rights by an outside party, none of these workers would have gotten those results. O’Donnell McKenna solicitors have put together these handy infographics to help you get your knowledge of employment rights up to scratch.
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Rights, we have rights?? Apparently it’s just “there’s ten more lads behind you looking for a start”
What happens to those made redundant because their boss doesn’t like them which I’m happens plenty
Redundancy is where the JOB is made redundant, not the PERSON. If a person is made redundant simply because their boss doesn’t like them and the job remains and is filled after they have left, the employee can report to the EAT who will see the redundancy as a sham, and award compensation in line with Unfair Dismissals legislation. Hope this answers your question :)
Alternatively they can order reengagement or reinstatement too.
Ever hear of a slight change in skills requirements to an otherwise similar job?
And what employee would relish going back to a boss who he/she forced a court to take them back years after the fact
Ya if somebody get ms the sack and they change the title and requirements slightly but it’s essentially the same job, it’s a sham redundancy and the EAT will see this. You have 6 years to make a complaint. Have a look at ponsi v jvc Europe. Jvc appealed it up to the highcourt as they lost every single case before hand, ponsi won the maximum 2 years remuneration, a handy €249,000. Sorry for the late reply!
6 months you mean?
Does anyone know if an employer is obligated to provided fresh clean drinking water for employees?
Not if you work for Irish Water or this government
If you mean bottled water or from a water cooler then no they don’t have to. If the water from the tap is OK to drink then you will have to put up with that.
Wait, so if I’m on a salary greater than 30k the employer is only obliged to pay stat redundancy based on the 30k. Crap, never knew that.
Great piece of Journalism by the Journal and Michelle..Everyone should know their rights.
Rests in work?? Ha, ask a nurse or doctor how many rests they get in the day. My sister went three days with one 10 minute break a day in 14 hour shifts. Was told ‘that’s what needs to be done. No staff to cover breaks’. Oh and they pay her just over €6 an hour for this privilege (4th year intern nurse). Its disgusting how nurses simply dont have basic rights during work. Worked to the bone and treated like rubbish by management.
Cian this is not a requirement you must bring your own water. However toilets must be provided so perhaps you could drink out of that if you are experiencing some issues?
Thanks for that. I spend a fortune on the stuff thought work might have to provide some.
How about doing a piece on employers rights? the law is biased towards employees.
Agreed
The law is far from biased towards employers. Only bad or unscrupulous employers should be concerned by employment law.
it’d be interesting to see to graphs side by side of the general public and tds employment terms and highlight the differences
agreed
Anybody tell me how much notice (if any) I have to give my employer. Considering it’s a casual contract. Also, what sort of notice. letter, email, word of mouth. Thanks in advance.
It’s all down here http://www.citizensinformation.ie/en/employment/starting_work_and_changing_job/changing_job/giving_notice.html
Notice periods are usually outlined in employment contracts, otherwise it’s the minimum notice periods described in the infographic. If you’re doing strictly casual work, i.e. you’re employed for a set (short) period or on an as-and-when basis then the end of the contract is the end of the casual work you are employed to do. Notice to end an employment contract can be given in any form, i.e. in writing, by email or verbally. If you get angry with your employer don’t say anything like “That’s it, I quit.” as your employer can treat that as you giving notice that you are terminating your employment contract.
I never got any day in lieu or bonus pay for any public holiday when i worked in pubs in cork bout 9 years ago. This still the case?
Always more interesting to know what rights we don’t have rather than actually have but articles like that take a lot of work as you have to often compare it to other jurisdictions or the EU member states.
Do employers still have to give time off on a Friday for employees to cash cheques?
Never did? That was contractual entitlement public sector I think.
what about religious rights ? our security guard won’t work Friday’s because its his holy day , when I tried use the same reason for not working Sundays I was refused ??
seriously? that’s taking the proverbial pi $$. this should be followed up
No. There is no statutory entitlement for time off to cash pay cheques. Where it does exist, it operates on the basisdes of local agreements/arrangements.
Any employer who wont set up electronic payment should be relocated to a third world country. I basically skived off work early on a Thursday to get to the bank when I was getting paid by cheque
A lot of fellas in small towns take their cheques to their local pub to cash. Then of course they end up drinking half of it that night.
I once managed a team of about 15 people
where 5 of them were on a legacy contract from the buy out of smaller company that had this benefit (and several other ridiculous benefits) even though they had been paid by direct deposit for years.
Severally demotivating for my hardest working team members to keep them working while their colleagues were basically on union mandated Friday afternoon skiving
Then you are being discriminated against. All staff have to be treated equitably
Bank time was done away with years ago.
But sure how can that be conchur? The situation that Drew describes is quite common, people on different conditions due to pre-existing agreements. For example, I think new teachers get totally diff terms from those already in the system who they work alongside?
So what if you are on a contract of 39 hours a week, paid a salary and then end up doing more hours regularly but are just under the 48 hours a week cap. Still seems that employers are getting you to do hours for nothing. What kind of a case would a person have in this situation
Great article, but the current minimum wage in Ireland is €8.65 an hour, not €8.85 as stated
Other than for security and health and safety purposes can CCTV be used to monitor employees work on a shopfloor
No.
do u hav to get paid for a bank holiday? or a day off? wat if u work full time and get none of this?
I know due to agreements signed by victims of paedophile priests to the Church, that so call contracts signed by victims for compensation is not binding since the 2005 state act and that these contracts are not binding because the victim was subject to rape, a criminal act.
Therefor any contract signed with a similar style cover for criminality in any company would therefore be undone by the same act. The days H.R. can brush things under the carpet with money is gone and illegal now I believe.
What happens when there is no contract? I started as an intern and when I was offered a job I didn’t ask any questions – I was just delighted to finally get a job and get paid.
have your say