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not charging staff full price forced to resign and not getting paid for work done

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  • 18-04-2024 3:50pm
    #1
    ikewater
    Registered Users Posts: 1 ✭


    My daughter worked for the last 6 months in a shop while in college. She was forced to resign for selling lunch to staff for not the full price. She completely understand this was wrong and fully regrets for doing this .
    She didnt recieve her pay for the week she had worked and has not received her holiday pay for the months she worked. I feel she has a case to bring to the WRC however she is fearful they will report her to the Gardai. They warned her they would report her to the gardai if she did not resign immediately. This was her first issue with the employer and her first job as in first year in college. It was common practice in the shop to do this other staff involved got a warning.

    Is she entitled to her last weeks pay and holiday pay in this case ?

    What would the implications be if reported to the Gardai ?



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    #2
    Augme
    Registered Users Posts: 5,223 ✭✭✭Augme


    The implications are that she could be arrested. Now the likelihood of the shop calling the gardai, the gardai actually willing to investigate this and the DPP willing to prosecute are all to for discussion. In terms of the gardai willing to investigate and the DPP will to prosecute, I'd say very very slim.

    If the shop withhold her wages and holiday pay, they are also breaking the law so your daughters bargaining position is quite strong.

    I'd certainly be sending an email asking why she hasn't received her wages and holiday pay and see what they say.



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    #3
    SteM
    Registered Users Posts: 6,581 ✭✭✭SteM


    How long ago did she resign, has there been enough time for whoever does the payroll to sort it out? What have the shop owners/manager said to her about the money she is due for pay and holiday pay? Are they refusing point blank to pay it?



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    #4
    mountai
    Registered Users Posts: 952 ✭✭✭mountai


    Let the Hare sit . Does she really need to risk starting her working life with a record for theft hanging over her . Not that I think the employer is right . Swallow it and behave in her next job after her education finishes .



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    #5
    Jim2007
    Moderators, Business & Finance Moderators Posts: 10,047 Mod ✭✭✭✭Jim2007


    Well the waters are very buddy….

    What she did is theft and is a criminal offence. The company would be within their rights to make a complaint to the Garda, but it is very hard to say how it would pan out. At the same time the company should have paid her what she was entitled to as she resigned and was not terminated.

    What you can expect thought is that if you take a case to the WRC is that a criminal complaint will be made, because that is going to be part of their defence and you can argue on the one hand the matter was so serious you kicked her out, but not serious enough to actually follow through on it by making a complaint.

    Depending on the amount involved, it might be worth talking to a solicitor.



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    #6
    mondeoman72
    Registered Users Posts: 835 ✭✭✭mondeoman72


    She is entitled to her holiday money at 8% of hours worked and any outstanding wages. The shop is entitled to prosecute her for theft.

    You feel she has a case for the WRC. Maybe you do, but they absolutely have the right to prosecute your daughter and label her a thief.



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    #7
    CrazyEric
    Registered Users Posts: 164 ✭✭CrazyEric


    I disagree with a lot of the views here, the shop offered her an exchange…. resign and we wont report this, they cannot have their cake and eat it, she resigned so they have bargained away their right to prosecute. They are chancing their arm that she will walk away, as @Augme says, a strongly worded email would be your first move.



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    #8
    Madd002
    Registered Users Posts: 295 ✭✭Madd002


    She shouldn't have been asked to resign she was a young teenage girl in her 1st job, did the other staff say to her such and such before you used to give us discounts etc. its not that black and white, she should have been giving a written warning and named staff who were given discounts so manager could chase them up for the monies they owed.

    Secondly get her to print off all her payslips since she started & go to citizens advice who will calculate her holiday & bank holiday pay due.

    Then when you have that done go to the guards explain situation and that they threatened her with legal action unless she resigned & find out what would've happened to her as an example this is for your peace of mind I doubt any judge would've throw the book at her.

    Next step would be a employment solicitor to send registered letter demanding holiday pay & last weeks wages be paid with immediate effect or you will be taking a case with the WRC.



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    #9
    Get Real
    Registered Users Posts: 890 ✭✭✭Get Real


    https://www.boards.ie/discussion/comment/122091878#Comment_122091878

    Right, and then what if she goes looking for holiday pay and they decide again they want to go the gardai about the theft?

    Is it worth the stress for the sake of a few hundred quid?

    She has put her hands up and admitted she was doing this and in the wrong. I know everyone makes mistakes and fair play to her for her accepting her part.

    But some people don't know when to cut their losses.

    If it's worth a few hundred quid on principle, just to potentially be arrested and go through a process. Or even if the shop are bluffing, to have the worry of the potential of that happening, you and I place the value of 8% college job retail wages at different levels.



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    #10
    Jim2007
    Moderators, Business & Finance Moderators Posts: 10,047 Mod ✭✭✭✭Jim2007


    https://www.boards.ie/discussion/comment/122092123#Comment_122092123

    There is a very big difference between a civil and a criminal matter as the Garda would explain if the OP every considered following this…… not advice.



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    #11
    Ted222
    Registered Users Posts: 209 ✭✭Ted222


    https://www.boards.ie/discussion/comment/122092123#Comment_122092123

    The cost of engaging a solicitor would be a multiple of the wages lost. Plus, you would increase the likelihood of the company reporting the matter to the Gardai.

    Consider it a valuable lesson learned in the dangers of following the herd and of the capacity of some employers to screw you over.



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    #12
    Pauliedragon
    Registered Users Posts: 2,520 ✭✭✭Pauliedragon


    I've worked in retail and hospitality for 30 years as have most of my friends. I've seen this happen dozens of times and never seen anybody go to the cops let alone be prosecuted. Her wages are owed send an e mail requesting them, they will pay and that'll be the end of it. The talk here of prosecutions and gardai is just fanciful and borderline trolling.



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    #13
    suvigirl
    Registered Users Posts: 6,571 ✭✭✭suvigirl


    Even if they did report it to Gardai, as a first offence and likely not much money involved, she would only get an adult caution anyway.



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    #14
    RobbingBandit
    Registered Users Posts: 18,093 ✭✭✭✭RobbingBandit


    Common practice by staff in the job with the others only receiving a warning sounds like your daughter was made an example of. T



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    #15
    Ezeoul
    Registered Users Posts: 2,192 ✭✭✭Ezeoul


    If I were me (as in my daughter) I think I'd advise her to let it go, unless it was a very substantial amount of money.

    Put it down to a valuable lesson learned, and I'd also leave it of the CV.

    No future employer will query a student who didn't work for a few months while in college.



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    #16
    lawred2
    Registered Users Posts: 24,295 ✭✭✭✭lawred2


    the staff underpaying for lunch knew what they were at too like… why was your daughter singled out?



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    #17
    RoTelly
    Registered Users Posts: 2,713 ✭✭✭RoTelly


    https://www.boards.ie/discussion/2058347464/not-charging-staff-full-price-forced-to-resign-and-not-getting-paid-for-work-done

    I think she should ask for the days she worked, are they saying that this is to refund them the costs the lost? Same goes of the holiday pay.

    What happened the other staff members?

    She should ask politely why she is not getting her final payments.

    As she was fired for something that they can fire you for she not entitle to very much outside her final pay cheque.


    ______

    Just one more thing .... when did they return that car

    Yesterday



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    #18
    Killed
    Registered Users Posts: 110 ✭✭Killed


    If other staff only received a warning then she's been treated in a discriminatory fashion. A WRC Inspector can sort her outstanding pay without a hearing.

    On the WRC complaint form tick the box to indicate that she wants the complaint dealt with by an inspector. No solicitor or hearing needed.



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    #19
    Ezeoul
    Registered Users Posts: 2,192 ✭✭✭Ezeoul


    https://www.boards.ie/discussion/comment/122093855#Comment_122093855

    OP says she was there six months. If she was still on probation, much easier to simply let her go.

    Other staff might be a lot harder / more complicated to get rid off?



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    #20
    JVince
    Registered Users Posts: 817 ✭✭✭JVince


    Giving another staff member a discount on lunch. Its not theft as she did not gain from it, but would be seen as dishonest.

    If it was a first offence and done without malice, a warning combined with a memo to all staff that anything other than agreed discounts would be seen as gross misconduct and a dismissal offence would be the appropriate action.

    I would certainly write to them asking for pay and holiday pay.

    A good way is for a parent to attach a cover note to say - please see attached a letter from my daughter. I would hope this delayed payment and holiday pay @ 8% of hours worked as advised by the WRC would be settled in the next 7 days rather than "mary" take the issue to the WRC on an official basis. They have informed me that based on the facts presented they would find against you.

    My guess is payment will arrive very quickly as getting paperwork for the WRC and also a possible inspection for holiday hours, bank holiday payment, Sunday premium etc, can be very onerous.



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    #21
    mitchelsontour
    Registered Users Posts: 180 ✭✭mitchelsontour


    Wasn't it your son in a pub getting fired for giving staff pints and charging the for halves a few months ago?



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    #22
    Ezeoul
    Registered Users Posts: 2,192 ✭✭✭Ezeoul


    https://www.boards.ie/discussion/comment/122094202#Comment_122094202

    Different thread.

    But similar circumstances.

    https://www.boards.ie/discussion/2058339870/fired-from-bar-job-for-not-charging-staff-full-price-of-pints



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    #23
    CrazyEric
    Registered Users Posts: 164 ✭✭CrazyEric


    https://www.boards.ie/discussion/comment/122092143#Comment_122092143

    They made a deal which I believe is enforceable. The trade off was resign and we wont go to the Gardaí. They don't get a do over, there may be some issue with proving it but that is a two way street. If they had said, Resign and you forfeit your final pay etc and we wont prosecute then they would have a leg to stand on. If they only go to the Gardaí after she requests the money they have attempted to steal off her they are only digging the hole further.



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