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Entitled to any payment settlement if dismissed based on performance?

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  • Registered Users Posts: 20 ananth1978


    Forgot to mention that I got in touch with the social welfare office to ask precisely this Q: Resign or ask to be dismissed. I gave her the complete background and that I've a document which says I'm on PIP. The lady said that if it was dismissal, then its better from a social welfare standpoint as I'll immediately be eligible for JSB. If its a resignation, then I've to make a case that it wouldn't have been possible for me to continue and so I resigned. If its accepted, immediate JSB. Else, 9 week wait before JSB. She said that this looks like a genuine reason to resign.


  • Registered Users Posts: 1,389 ✭✭✭irishguy1983


    mrsbyrne wrote: »
    Ah shes put in a complaint to workplace relations re Unfair Dismissal, and she's appealing the SW disqualification but in fairness she's here 10 years and not one word of English has she got.

    I don't know the ins and outs of this case (nor do I want to hijack this thread) but it just sounds a bit harsh to me. It seems as though social welfare office these days are maybe too strict and have gone in the other direction now. I think this woman should her dole straight away - maybe I am a softie but that is the way I look at it....


  • Registered Users Posts: 1,389 ✭✭✭irishguy1983


    ananth1978 wrote: »
    Forgot to mention that I got in touch with the social welfare office to ask precisely this Q: Resign or ask to be dismissed. I gave her the complete background and that I've a document which says I'm on PIP. The lady said that if it was dismissal, then its better from a social welfare standpoint as I'll immediately be eligible for JSB. If its a resignation, then I've to make a case that it wouldn't have been possible for me to continue and so I resigned. If its accepted, immediate JSB. Else, 9 week wait before JSB. She said that this looks like a genuine reason to resign.

    Good for you - looks like you are doing everything you can possibly do within your own control - hope it works out for you :)


  • Registered Users Posts: 3,073 ✭✭✭Shelflife


    ananth1978 wrote: »
    Forgot to mention that I got in touch with the social welfare office to ask precisely this Q: Resign or ask to be dismissed. I gave her the complete background and that I've a document which says I'm on PIP. The lady said that if it was dismissal, then its better from a social welfare standpoint as I'll immediately be eligible for JSB. If its a resignation, then I've to make a case that it wouldn't have been possible for me to continue and so I resigned. If its accepted, immediate JSB. Else, 9 week wait before JSB. She said that this looks like a genuine reason to resign.

    Hi

    Please be careful with this, while the lady may well believe that she is correct, the next person you ring in the SWO may believe otherwise. Unless you have it in writing dont make a decision based on a phone call.

    On a few occasions we have had customers advised that they can get their SW collected by someone else when the opposite is true, the same with the tax office, yes thats deductible and then during an audit you are told its not.


  • Moderators, Sports Moderators Posts: 14,599 Mod ✭✭✭✭CIARAN_BOYLE


    ananth1978 wrote: »
    @Ciaran - Nope. Never offered redundancy. When the direction of the group was changed (just before my pregnancy), 5-8 ppl whom they found to be a misfit were laid off and given a financial redundancy settlement.

    Then you should talk to someone with more knowledge than me to determine whether your job has been redundant since that date and whether your transfer has resulted in performance goals are not viable for someone with your skills and experience.


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  • Registered Users Posts: 4,881 ✭✭✭TimeToShine


    I may be missing something obvious here but why do you feel entitled to a payout if you're not capable of doing the job?

    Constructive/unfair dismissal is one thing but you've been given ample time to meet the required standard. As you have failed to do so surely you acknowledge that the best thing to do is step down/be dismissed so the company can hire someone to, you know, do the job to the required standard.

    I'm not trying to be rude I just want to understand how you see this. In what way is it fair that the company has to payout anything in this scenario?


  • Registered Users Posts: 2,375 ✭✭✭padser


    ananth1978 wrote: »
    To be very frank, the pressure of being in PIP is getting to me. I'm definitely not a person who excels under stress. I always feel that I can really do well if not under PIP.
    .

    But surely it was your performance while not under a PIP that got you onto the PIP in the first place?

    It seems to me you blame a lot of other things for your poor performance (less experience than people straight out of college, stress from a PIP, Irish companies treating experience differently to other companies etc etc).

    You also appear to completely discount the notion that you might actually be able to do a passable job.

    I'd suggest that it's going to be next to impossible to perform at an acceptable level without accepting that those performances levels are essentially within your control and that you are going to make a real attempt to attain them.

    Wasting time and energy figuring out whether to resign or be dismissed pretty much ensures those end up being your options....and frankly neither seem particularly good options ....


  • Registered Users Posts: 20 ananth1978


    @padser Thanks for your kind words. Please refer to my original Q. I just wanted some info. All other info I provided was in response to Q's posed by others to better understand my situation. Not blaming anyone at all. It is about my performance.

    I never said Irish companies treating exp differently than others. I said that the industry here is different, due to limitations. Other countries have options. Not sure how much you know about semicon. But there are hardly 10 companies here in 2-3 domains. That's the choice I've. In other places UK, France, Germnay, there are 100 - 200 in about 25 domains. I could move into a more suitable domain. Infact, I could get back to the work I was doing 2-3 yrs back elsewhere. No options here.

    FYI.. I've received 2 US Patents in my first 5 years and another 3 pending. So I know how well I did then.
    Just seeking info as I'm in this situation for the first time in my career.


  • Registered Users Posts: 20 ananth1978


    @timetoshine I'm just checking if there's anything in the labour law which talks about a minimal payment.

    I agree with what you've said. No arguments there.

    Its just that if I was laid off a few yrs back when my team / group composition changed, I would've been paid redundancy for a job well done for 5 years. It was a very sizable amount too. However, now after 7 yrs, I may be let go without receiving anything. But its also a fact that I've been paid a salary for 2 more years and that's saying something considering the job scenario over the last 2 yrs. So mixed feelings.

    Again.. never claimed that I'm entitled to anything. Just asking people about the labour law.


  • Registered Users Posts: 18,474 ✭✭✭✭_Brian


    I'm not sure you should just give up.
    If your working for the company I think then they will work with you to help you be successful.
    Aare you receiving any training as part of the PIP?? What help has been offered to you to become successful??


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  • Registered Users Posts: 20 ananth1978


    Thanks Brian. Not giving up.

    No training, just working a lot more closely with my manager. More meetings and need to report every small thing and its being noted down: my work, my approach.. etc. Wherever my manager gives inputs, I do things the way he is asking me to.


  • Registered Users Posts: 162 ✭✭Contributor 2013


    Sounds like you are doing it right Ananth.

    Wish you all the best, keep close with the manager, and keep us updated.

    Best of luck.

    Cont.


  • Registered Users Posts: 18,474 ✭✭✭✭_Brian


    ananth1978 wrote: »
    Thanks Brian. Not giving up.

    No training, just working a lot more closely with my manager. More meetings and need to report every small thing and its being noted down: my work, my approach.. etc. Wherever my manager gives inputs, I do things the way he is asking me to.

    Great stuff..
    Can I suggest regular documented feedback sessions regarding your progress.. Breaking a PIP down into monthly milestones makes it much more likely to be successful rather than sitting down in three months and then hearing they weren't happy back two months ago..


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