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breach of contract?

  • 28-01-2006 2:59am
    #1
    Registered Users, Registered Users 2 Posts: 21,611 ✭✭✭✭


    the area manager in my place is trying to cut all the part-timer's hours to 13 per week give or take and we're not too happy about it. this is what my contract says:


    Hours of work:
    Your normal working hours will be 20 per week. Monday to Sunday inclusive. you are expected to work such additional hours as are made necessary by your job.



    that means to me that i am contracted for 20 hours, possibly more. if my "normal working week" becomes 13 hours i think they're in breach of contract. opinions?


    i need this info before i go in at 9am


Comments

  • Closed Accounts Posts: 1,038 ✭✭✭Litcagral


    the area manager in my place is trying to cut all the part-timer's hours to 13 per week give or take and we're not too happy about it. this is what my contract says:


    Hours of work:
    Your normal working hours will be 20 per week. Monday to Sunday inclusive. you are expected to work such additional hours as are made necessary by your job.



    that means to me that i am contracted for 20 hours, possibly more. if my "normal working week" becomes 13 hours i think they're in breach of contract. opinions?


    i need this info before i go in at 9am


    Sorry I've missed your deadline!

    You could check out your rights under the PROTECTION OF EMPLOYEES (PART-TIME WORK) ACT 2001.

    http://www.irishstatutebook.ie/ZZA45Y2001.html

    AFAIK the crucial matter is your length of service. If you are employer for less than 365 days, your rights are greatly reduced and much of the legislation does not apply. There is also a difference between regular part-time employees and casual part-time employees. Unfortunately, if you are not happy with your new hours your employer may be legally entitled to dismiss you. :( The UNFAIR DISMISSALS ACT does not apply to employees with less than one year's service (several exceptions trade union activity,pregnancy) nor does it apply to persons employed by relatives, civil servants, Gardai, Defence Forces etc.

    Good luck.

    www.irish_law.org
    www.bailii.org
    www.irlgov.ie


  • Registered Users, Registered Users 2 Posts: 21,611 ✭✭✭✭Sam Vimes


    thanks for the reply. i read through a bit of that legislation but i'm just going to contact the union and see what they say. hopefully theyll know what laws apply to me and so on


  • Registered Users, Registered Users 2 Posts: 3,305 ✭✭✭irishguy


    the area manager in my place is trying to cut all the part-timer's hours to 13 per week give or take and we're not too happy about it. this is what my contract says:


    Hours of work:
    Your normal working hours will be 20 per week. Monday to Sunday inclusive. you are expected to work such additional hours as are made necessary by your job.



    that means to me that i am contracted for 20 hours, possibly more. if my "normal working week" becomes 13 hours i think they're in breach of contract. opinions?


    i need this info before i go in at 9am
    i have had the same problem before and they are within there rights to reduce hours if the business demand isnt there. So you dont really have a case for breach of contract.


  • Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    If they reduce your hours it will make you entitled to unemployment benefits.


  • Registered Users, Registered Users 2 Posts: 21,611 ✭✭✭✭Sam Vimes


    irishguy wrote:
    i have had the same problem before and they are within there rights to reduce hours if the business demand isnt there. So you dont really have a case for breach of contract.

    i'm not too sure about that. when i was unfortunate to work in dunnes we were told in our induction that we were contracted for a minimum of 15 hours and we would get 15 hours even if no one had been in the shop in a month. they made it quite clear. i'd assume its the same here. i think the area manager is just chacing his arm and a call from the union will sort him out. i'm leaving soon anyway. i just want to fight it for the fun and so he doesn't get away with screwing us over


    and they're entitled to do whatever they want once its mentioned in the contract but its not. the contract specifically says a 20 hour week. i signed a 20 hour contract that had no mention of "business demand"


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