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Is my boss breaching my contract?

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  • 16-09-2011 5:49pm
    #1
    ali8ali
    Closed Accounts Posts: 4 ✭


    Hi all,

    I have written contract where is provided 39 hours a week. I checked roster for next week and there is just 19 hours. Its not happening first time but it was still pretty OK. Can he do that? Can I do something about that?

    THanks


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    #2
    crotalus667
    Registered Users Posts: 1,900 ✭✭✭crotalus667


    depends on how the contract is worded


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    #3
    ali8ali
    Closed Accounts Posts: 4 ✭ali8ali


    this exactly:

    "5. Working hours"

    You will work a 39 hours week as and when required Sunday to Saturday, as per roster. Roster is issued one week in advance of commencement, where reasonably possible. You will receive breaks in accordance with the Organization of Working Time Act 1997."

    so what do u think?


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    #4
    tatli_lokma
    Registered Users Posts: 3,332 ✭✭✭tatli_lokma


    ali8ali wrote: »
    this exactly:

    "5. Working hours"

    You will work a 39 hours week as and when required Sunday to Saturday, as per roster. Roster is issued one week in advance of commencement, where reasonably possible. You will receive breaks in accordance with the Organization of Working Time Act 1997."

    so what do u think?


    I think the as and when required is their get out clause. My reading of it is that you agree to work 39 hours when they need you to, but there is no agreement from them that they confirm to give you 39 hours.

    I could be wrong, but that is my reading of it.

    When you have a set confirmed amount of hours it is usually worded along the lines of

    'you are contracted to work 39 hours per week'.


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    #5
    Boss Croker
    Registered Users Posts: 10 ✭Boss Croker


    Little Ted, You could if you wish as a first step talk to your boss and claify your contract. Give him/her your intermretation i.e. 39 hours per week every week and ask for his/hers.

    If there is a different understanding between you your options are to reject the contract and leave or to go to a third party for a ruling. But the first step is to go to your boss and try to clarify the situation (I think the wording is ambiguous), take a breadth and plan your next move:)


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    #6
    tatli_lokma
    Registered Users Posts: 3,332 ✭✭✭tatli_lokma


    Boss Croker wrote: »
    Little Ted, You could if you wish as a first step talk to your boss and claify your contract.

    good advice, but its actually ali8ali looking for the help. I was just giving my reading of the wording.
    nonetheless, good advice...ali8ali you should bear in mind what Boss Croker suggests


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    #7
    ali8ali
    Closed Accounts Posts: 4 ✭ali8ali


    I think I will... I wanna talk to my boss first but he's a pussy cuz he scares to talk to ppl and tell them bad things. By the way in one week im goin on holiday and 1 month after that im goin to leave ireland for my home... i was just wondering if i could get anything cuz i really hate that kind of behaviour and manners... : /


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    #8
    castie
    Hosted Moderators Posts: 3,807 ✭✭✭castie


    Doesnt vagueness in a contract go against the drafter of said contract?

    Or is that just in the states?


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    #9
    sdanseo
    Registered Users Posts: 9,233 ✭✭✭sdanseo


    That wording suggests a 39-hour week with the as and when required bit seeming to mean that the roster is variable - you could be doing days, nights, etc.

    Definately a breach of contract in my opinion and I would be asking for my full hours. In actual fact, I am in the process of bringing a similar issue up with my employer.

    Also have a look and see if a bonus on Sunday hours is being taken into account for roster purposes. For example if 8 hours on a Sunday is payable the same as 12 hours on a normal day, they may only roster you for 35 hours to balance. That's illegal.


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    #10
    ali8ali
    Closed Accounts Posts: 4 ✭ali8ali


    sdeire wrote: »
    That wording suggests a 39-hour week with the as and when required bit seeming to mean that the roster is variable - you could be doing days, nights, etc.

    Definately a breach of contract in my opinion and I would be asking for my full hours. In actual fact, I am in the process of bringing a similar issue up with my employer.

    Also have a look and see if a bonus on Sunday hours is being taken into account for roster purposes. For example if 8 hours on a Sunday is payable the same as 12 hours on a normal day, they may only roster you for 35 hours to balance. That's illegal.

    That's true about the roster, it's variable. I understand that meaning in the same way... So I asked for my full hours, employer told me he'd give it to me and then next roster was totally the same as previous one. So this week I don't have enaugh hours again even he gave me his word... : /


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    #11
    sdanseo
    Registered Users Posts: 9,233 ✭✭✭sdanseo


    ali8ali wrote: »
    That's true about the roster, it's variable. I understand that meaning in the same way... So I asked for my full hours, employer told me he'd give it to me and then next roster was totally the same as previous one. So this week I don't have enaugh hours again even he gave me his word... : /

    Well then it's breach of oral contract too.

    Ask him nicely again, but while firmly reminding him that you are contractually entitled to 39 hours work.


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    #12
    Mr. Presentable
    Closed Accounts Posts: 9,496 ✭✭✭Mr. Presentable


    The contract only outlines that you may be required to work up to 39 hours, and if required to you are obligated to within the parameters set out in the WTD. There is no explicit or implicit guarantee of 39 hours.

    So there is no breach of contract.


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