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Constructive Dismissal, Leaving work and Social Welfare

  • 09-07-2011 2:48am
    #1
    CoalBucket
    Closed Accounts Posts: 971 ✭✭✭


    First of all sorry for the confusing title but it will all make sense if you read the rest of the post. :)

    I am currently in a difficult position in work where the employer no longer wants me working there but will not make me redundant or fire me but would prefer to make my life a misery and force me out instead. He's just that type of person.

    I have seen a solicitor who specialises in employment law who has advised that whilst his actions in terms of describing them do constitute constructive dismissal proving it in court would be difficult as the actions have not been documented. In a constructive dismissal case the burdon of proof rests with the employee. However I digress.

    It has come to the stage that I want to leave asap. I do not make this decision lightly in the current economic circumstances but the work situation is extremely difficult and distressing.

    Not only do I feel hard done by in my place of employment but I also feel let down by the social welfare system as I will not be allowed to sign on the live register for a period of 8 weeks because I have "voluntarily" resigned.

    Is there any allowance for this circumstance in the department of social welfare. I really am at my wits end with the situation, any assistance would be greatly recieved .


Comments

  • #2
    Cill Dara Abu
    Closed Accounts Posts: 2,851 ✭✭✭Cill Dara Abu


    You need to get yourself a better solicitor for a start, you need to keep a diary of everything this guy is saying or doing to you, write down the date and time of every incident.

    Has your company got a HR dept.? You need to toughen up and meet this guy head on, it's obvious he is trying to intimidate you and therefore hoping you will resign.


  • #3
    CoalBucket
    Closed Accounts Posts: 971 ✭✭✭CoalBucket


    Cill Dara Abu wrote: »
    You need to get yourself a better solicitor for a start, you need to keep a diary of everything this guy is saying or doing to you, write down the date and time of every incident.

    Has your company got a HR dept.? You need to toughen up and meet this guy head on, it's obvious he is trying to intimidate you and therefore hoping you will resign.

    I have every faith in the solicitor tbh.

    The company is a small family run company, there is no HR dept and regarding meeting him head on I deal with that pr*ck everyday of the week and I take no **** from him, which is prob the reason he wants to get rid of me, but his antics and altering my employment practices are effecting my ability to make a living as most of my salary is commission based.

    Bar giving him a few slaps, which I would be more than happy too :) I can only persue this from a legal point of view. I have another case for a different matter lined up to take when I leave as a surprise fcuk you gesture. :)

    I appreciate the reply and advice. However I am more concerned with the social welfare aspect of the post.


  • #4
    CoalBucket
    Closed Accounts Posts: 971 ✭✭✭CoalBucket


    bump


  • #5
    Mrs OBumble
    Registered Users Posts: 25,659 ✭✭✭✭Mrs OBumble


    Am moving this to State Benefits, as I believe there is a way around it but I don't know the details - expect that the folks there will.


  • #6
    eastbono
    Registered Users Posts: 2,758 ✭✭✭eastbono


    You may be entitled to jobseekers benefit from the start. SW will send a form to your employer to know the reason you left employment. My advice to you would be to give a detailed account in writing to sw when you apply for jsb, outlining exactly what was going on in the job and why you had to leave as your employer may just put down on form sent out to them that you just left the job.

    when applying for jsb have a letter from you solicitor as well... this can only better your case for sw benefit.


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  • #7
    mrsbyrne
    Closed Accounts Posts: 3,228 ✭✭✭mrsbyrne


    eastbono wrote: »
    You may be entitled to jobseekers benefit from the start. SW will send a form to your employer to know the reason you left employment. My advice to you would be to give a detailed account in writing to sw when you apply for jsb, outlining exactly what was going on in the job and why you had to leave as your employer may just put down on form sent out to them that you just left the job.

    when applying for jsb have a letter from you solicitor as well... this can only better your case for sw benefit.
    I presume your solicitor is preparing a case for you under the Unfair Dismissals Act. When you and he have completed the relevant form, you can attach a copy of it, and any other complaint forms you may be filling in relation to your current employer, to your JSB application. Showing that you intend to pursue your rights concerning this matter will, as eastbono says, further your entitlement to a SW payment.
    SW are not "letting you down" they are simply applying the very necessary rules.


  • #8
    CoalBucket
    Closed Accounts Posts: 971 ✭✭✭CoalBucket


    mrsbyrne wrote: »
    I presume your solicitor is preparing a case for you under the Unfair Dismissals Act. When you and he have completed the relevant form, you can attach a copy of it, and any other complaint forms you may be filling in relation to your current employer, to your JSB application. Showing that you intend to pursue your rights concerning this matter will, as eastbono says, further your entitlement to a SW payment.
    SW are not "letting you down" they are simply applying the very necessary rules.

    Letting me down may have been a poor choice of words. What I was trying to imply was that I felt I was being penalised for leaving a job under difficult circumstances.

    I can understand why that rule is in place however I do feel that there should be an allowance for such circumstances.

    Thanks for the Info.


  • #9
    3DataModem
    Registered Users Posts: 3,939 ✭✭✭3DataModem


    CoalBucket wrote: »
    mrsbyrne wrote: »
    I presume your solicitor is preparing a case for you under the Unfair Dismissals Act. When you and he have completed the relevant form, you can attach a copy of it, and any other complaint forms you may be filling in relation to your current employer, to your JSB application. Showing that you intend to pursue your rights concerning this matter will, as eastbono says, further your entitlement to a SW payment.
    SW are not "letting you down" they are simply applying the very necessary rules.

    Letting me down may have been a poor choice of words. What I was trying to imply was that I felt I was being penalised for leaving a job under difficult circumstances.

    I can understand why that rule is in place however I do feel that there should be an allowance for such circumstances.

    Thanks for the Info.

    There absolutely is an allowance. When you apply for JSB you can include this info on form, that you are taking a cae, have engaged a solicitor etc. The 9 week wait may be waived.

    But make sure you start looking for work.


  • #10
    CoalBucket
    Closed Accounts Posts: 971 ✭✭✭CoalBucket


    3DataModem wrote: »
    There absolutely is an allowance. When you apply for JSB you can include this info on form, that you are taking a cae, have engaged a solicitor etc. The 9 week wait may be waived.

    But make sure you start looking for work.

    I have started looking weeks ago and have records of the applications I have made. Unfortunately I have only recieved one response in the multiples I have sent.

    I am and will continue to be a relentless job seeker until I find employment.


  • #11
    Daisi
    Closed Accounts Posts: 5 ✭Daisi


    I too had to leave a job due to consistant bullying by my female manager. I was afraid to leave as I thought I'd have to wait 8 weeks before I could claim social welfare. After a particularly bad incident I had no choice but to quit. After going for an interview in order to claim social welfare I explained that I was forced to leave. I got my dole straight away as I didn't leave voluntarily but was forced out because of bullying. They were very understanding. They never looked for proof or anything. I didn't bother taking constructive dismissal as it's a very long and quite painful process. The best thing is to just walk away.


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