Unhappy Waitress

LegacyUser · 18-03-2015 6:54pm #1

Hi, posting here as just wanted to get a few opinions about what I should do about work. I work as waitress and I know there are a lot of things in this particular area that are deemed as normal but I'm starting to find it really tough.
I've never received a payslip in the 3 years I work there, get paid in cash and sometimes have to ask reapeatedly for them, recently it went on for weeks looking for wages for a particular week. Calling in repeatedly and they werent there for me. They are very often wrong etc and have to figure that out yourself as we dont get payslips and tips are put in same envelope.
We used to get breaks but we dont any more which I know is very common in hospitality but a few weeks ago when the owner over heard me saying I was going for a cigarette, she snapped in front of customers that "I dont pay you to smoke" this was 6.5 hours into a busy shift and as one of the customers happened to be my boyfirneds friend, I found it pretty humiliating but I said nothing as I find it hard to stand up for myself. It is quite common that she as snapped at us in front of customers.
The chefs get very heated during work hours, throwing plates and cursing at you etc if you ask a simple question. Saying its your fault when they make a mistake and so on. We are always told to let it go over our heads.
A couple of months ago, a customer grabbed my bum. It was kind of laughed off my colleagues and employers but I found it very upsetting and I feel sick even writing it now. I would be considered attractive enough and now ever since, if any customer makes any flirtatious banter with me I feel anxious and upset where as before I might have laughed it off.
The other owner called me a ride during work hours after he'd had a few drinks and his wife overheard and made him apologise to me, after she left he jokingly said he was sorry about that earlier again but that "we would ride one day", I think I was in shock and as I'm not a confrontational person I laughed it off and said nothing, when he repeated it I got up and said I was going for a cigarette and then I called a taxi home.
I know a couple of the others working there are unhappy also but in the last couple months, I have had a lot of anxiety about anything relating work. I get very anxious before going in and a few times have even felt as if I was having a panic attack. I ask my partner to go down and collect my wages during the week sometimes as I cant face going in unless I really have to for work. If I get a text from them I feel my heart pounding. I cant go on like this.
I cant just leave as I have a child to support and rent to pay. This has really pushed me to become more qualified and I returning to college in September to get a degree. I'm just wondering what I should do in mean time. My family have urged me to go to doctor to get a sick certificate etc. Any advice or opinions would be really great.

Interested Observer · 18-03-2015 9:22pm

Have you started looking for other jobs?

seamus · 18-03-2015 9:45pm

Whether things are deemed "normal" or not, is kind of irrelevant. You don't have to put up with it. However in the hospitality industry, making a complaint often means burning your bridges.

There are a large number of breaches here, and you can make serious complaints about the company to revenue, NERA and the HSA. First off, ring revenue and tell them that you have never received a payslip, let them know who your employer is and where to send your tax credits certificate.

The owner's sexual harassment behaviour is contrary to the equal status act. The "recommended" process here is for you or a friend or colleague who is good at this kind of thing to approach him and tell him that his behaviour is not welcome or acceptable, and to cease. If he brushes it off (which is most likely), you can then make a complaint to the Equality Tribunal for a breach of the equal status act.

The other owner's conduct is of course illegal, and you are permitted a 30 minute break after 6 hours work, no ifs or buts. Take your break. If she gives you hassle about, you tell her your rights, and if she persists you can make a complaint to NERA.

Finally the chefs' conduct is probably the lowest down the scale, but doesn't help at all when you have to spend 40 hours a week with these tossers. The HSA are the authority in charge of bullying at work, and you can make a complaint to them.
While the stereotype of the angry chef is popular, you don't have to be a cock to be a good chef, and this behaviour shouldn't be tolerated from grown adults.

All of the above of course is the nuclear option. It's a difficult road to go down for any person, and in your position you're burning bridges with this company. So I don't think anyone would judge you if you took the easier option of finding somewhere else to work. However you have been working there 3 years, which means that they can't fire you for standing up for your rights. If they do, you can sue them and clean them out. You're in a strong position here to make your workplace better for everyone there, not just yourself. But it will be draining and scary.

If you're not prepared to go through with it, then you should go somewhere else, but don't be afraid to lob a few grenades in on your way out - report them to revenue (they're clearly getting away with evasion) and to NERA for the breaches of employment rights.

Getting sick certs is probably the worst option you can do here. The company can just fire you if you're never turning up and there's little you can do about it.

uck51js9zml2yt · 18-03-2015 11:21pm

You are entitled by law to have a payslip to see deductions from your wage. PRSI, USC, Tax.

Are you paying these?

Get onto the PRSI section to check your credits.
Chances are, if hes paying cash, hes not paying EMPloyers PRSI and your not on the books.

He's also breaking the law regarding breaks..contact NERA for your rights.

LegacyUser · 19-03-2015 10:28am

As already advised, ring revenue and let them know you are not getting payslips as it seems very likely that they are not paying tax & PRSI for you. This needs to be clarified asap as it has serious implications for you.

If it all seems too much to deal with, go to your local Citizens Information office. They can give you advice and support on how to deal with your issues.

Is there any other restaurant in the area you could get a job in - I presume you've looked into this already? The best situation is to get out of there into a new job as it sounds like a horrible place to work.

Synode · 19-03-2015 12:53pm

seamus wrote: »

Getting sick certs is probably the worst option you can do here. The company can just fire you if you're never turning up and there's little you can do about it.

The company can't just fire you if you are on certified sick leave

Mrs OBumble · 19-03-2015 1:49pm

Synode wrote: »

The company can't just fire you if you are on certified sick leave

Oh yes they can.

They need someone who is able to work, not someone who is out long-term on sick leave.

That siad, OP I believe you should go to your doctor. If s/he certifies that you're not fit to work, or can work but cannot continue in your current workplace, then you will be eligible for welfare. I'm not sure how long you have to be on it to qualify for the Back to Education Allowance - but this may be worth looking in to.

seamus · 19-03-2015 1:55pm

Synode wrote: »

The company can't just fire you if you are on certified sick leave

"You're gonna be out for the next 3 weeks? I'm sorry, we need someone working now. I can hold your job for you now, but if you can't come back to work after the three weeks, I'm going to have to let you go and hire someone else"

If she's planning on continually getting sick certs to cover various absences between now and September, she'll be getting her marching orders pretty quickly.

On the plus side, with a sick cert and then a formal dismissal she'll be able to claim social welfare immediately and not have to wait.

Synode · 19-03-2015 1:58pm

Mrs OBumble wrote: »

Oh yes they can.

They need someone who is able to work, not someone who is out long-term on sick leave.

The longer-term the sick leave becomes, the easier it is for them to sack you. However, if you go off sick, they can't just fire you saying sorry you're sick.

Not that I'm advocating it by the way. Don't go off sick unless you're genuinely sick. My first port of call for the OP would be Revenue to ensure you are correctly registered as an employee of the company

Synode · 19-03-2015 2:07pm

Just to add, if the sickness is being caused by the actions of the employer, it's also further grounds for an unfair dismissal

beyondbelief67 · 19-03-2015 2:26pm

I'm just wondering if the op will be able to claim the dole if her boss hadn't been paying anything for her, with everything being cash in hand that is, and no payslips I doubt he's payed anything else legally, op have you any proof of working there to be able to claim unfair dismissal ?

LegacyUser · 19-03-2015 2:49pm

OP here.

Thanks so much for the replies everybody.

I know do pay PRSI etc, it's just frustrating that we don't get payslips to see the deductions ourselves and see if our wages are correct. A couple off times my credits were off and I didn't realise with no payslip so had to go a weeks with little money till I got it sorted.

I am looking for other work, its just difficult to find something that suits with childcare, I won't go into the ins and outs of that but I'm going to stick at it until I find something that suits. If I find part time work will I still be eligible for Back to Education in September?

I guess I just wanted some feedback from people to know I'm not overreacting by being so unhappy there and I appreciate I've found that here.

therecklessone · 19-03-2015 10:17pm

Hi OP,

A couple of things of note:

By failing to provide you with a pay slip your employer is committing an offence under the Payment of Wages Act 1991, and is liable on summary conviction to a fine of up to £1000 (this was pre-Euro) If he is not doing it for you then he is likely not doing it for anybody, and I am sure NERA would be only to happy to arrange a workplace visit to check for compliance on this (and more)

I suspect that if there are regular errors in your weekly take home pay then your employer may not be keeping accurate record of your working hours, which is in itself another offence and can lead to a fine of up to €1900 (See Citizens Information for more info)

Your entitlement to breaks are laid out in the Organisation of Working Time Act 1997 and provide for a break of 30mins after 6hrs worked. If your employer does not provide this on request then you are entitled to make a complaint to a Rights Commissioner under that same Act.

As for the sexual harassment, under Employment Equality Acts your employers is supposed to prevent harassement in the workplace, and you can make a complaint to an Equality Tribunal should they fail to do so.

I genuinely feel for you, it sounds like you work for a right bunch of arseholes, so best of luck whatever you choose to do and best of luck with your studies.

Unhappy Waitress

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