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Laid off without valid reason

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  • 11-03-2015 11:24pm
    #1
    cusackd
    Registered Users Posts: 126 ✭✭


    I have a friend that was just given one week notice and just wanted to know the legality of it.

    The details are as follows:

    Employment time: 10 months
    Industry: Retail
    Contract: Permanent
    Reason: HR decided that he was not needed
    Displinary: 1 written warning that he didnt accept no verbal warnings previous to this.

    He was not the last person in his department with two other people coming in after him.

    Is this a clear cut case of unfair dismissal or is there something else we should be looking at.

    Any help here would be great apart from contacting CI or NERA.
    Tagged:


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    #2
    dreamers75
    Registered Users Posts: 20,558 ✭✭✭✭dreamers75


    Check out the work issues forum, but i would think he has no basis as he is only there 10 months and it will be in his contract specifying they can let him go with 1 weeks notice during that time.


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    #3
    Stheno
    Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 51,687 Mod ✭✭✭✭Stheno


    cusackd wrote: »
    I have a friend that was just given one week notice and just wanted to know the legality of it.

    The details are as follows:

    Employment time: 10 months
    Industry: Retail
    Contract: Permanent
    Reason: HR decided that he was not needed
    Displinary: 1 written warning that he didnt accept no verbal warnings previous to this.

    He was not the last person in his department with two other people coming in after him.

    Is this a clear cut case of unfair dismissal or is there something else we should be looking at.

    Any help here would be great apart from contacting CI or NERA.

    Unfair dismissal etc doesn't apply for less than either one or two years
    the first year of employment you effectively have no rights so not much he can do


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    #4
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    Incidentally you can't 'not accept' a warning. You either appeal it and win or you have a warning.

    Not very much he can do I'm afraid.

    Seek proper legal advice from FLAC.


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    #5
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    I wonder if this is a certain national chain. Such dismissals are common in a particular chain at the moment. My friend was let go last week under similar circumstances and was the last of a batch made permanent this year to be let go, all their friends had had the same news in the past six weeks. If so the unions are involved and might be the first port of call.


  • Options
    #6
    Greenmachine
    Registered Users Posts: 5,063 ✭✭✭Greenmachine


    MarkAnthony wrote: »
    Incidentally you can't 'not accept' a warning. You either appeal it and win or you have a warning.

    Not very much he can do I'm afraid.

    Seek proper legal advice from FLAC.

    This right here. If the incident was serious enough to warrant a written warning, then the disciplinary procedure can bypass the verbal warning stage. Perhaps the behaviour that lead to the written warning continued?


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    #7
    goz83
    Registered Users Posts: 8,034 ✭✭✭goz83


    Unfair dismissal cases can be taken at any time, but they are only enforceable if the person was employed for more than 1 year.


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