Sacked

senordingdong

I got sacked last night wihtout recieving any formal warnings or even an explanation.

The company states that the first four months are a probationary period in which they can sack you at their own discretion.

Not looking to start a revoloution but can anyone tell me, well basically whether or not this is legal?

P.S. I acknowledge that the information given on this forum is not legal advice and I will not rely on it as such.

Charlie

John???

Karoma

Was a contract signed? Did the contract stipulate probation period/disciplinary procedures?


http://www.irishstatutebook.ie/ZZA10Y1977S3.html

mountainyman

It almost certainly is legal. If you want a cause of action a solicitor could probably find one.

Sleipnir

Is it not a legal requirement in Ireland that an employment contract be signed. The employer is only obliged to give you one.

They can let you go whenever they like within the probationary period, you can also leave without notice. The probationary period means all bets are off basically.

Paragraph 1 of Karoma's link states the same.

mountainyman

All bets are not off. There are causes of action as regards bullying and racial discrimination.

hullaballoo

senordingdong wrote:

I got sacked last night wihtout recieving any formal warnings or even an explanation.

The company states that the first four months are a probationary period in which they can sack you at their own discretion.

Not looking to start a revoloution but can anyone tell me, well basically whether or not this is legal?

P.S. I acknowledge that the information given on this forum is not legal advice and I will not rely on it as such.

Did they mention the probationary period prior to you signing the contract/starting work? They cannot change the terms of the contract once you have begun, but if it's standard company policy, then you may be at a loss (constructive notice etc).

We really need more details of the contract and conditions etc in order to give you a proper analysis to be honest.

mountainyman

mountainyman wrote:

There are causes of action as regards bullying and racial discrimination.

Ummm, that's if he has suffered bullying or racial discrimination. Don't blithely make an accusation and then find yourself defending a defamation battle.

ferdi

are you gay? black? muslim? transgender? female?

if you are any of the above you probably have a case.

Time Magazine

If it's the first four months it's in the first year; and essentially the first year is an automatic probationary period.

Unfortunately, in my experience, it seems that there is no such thing as unfair dismissal under a year.

senordingdong

Oh....like I said, I'm not planning any action against them.
I just wanted to know if these types of things are legal.

And yes, a contract was signed.

And thanks for the replies.

Eru

ferdi wrote:

are you gay? black? muslim? transgender? female?

if you are any of the above you probably have a case.

Oh for f**k sake! :rolleyes:

vector

ferdi wrote:

are you gay? black? muslim? transgender? female?

if you are any of the above you probably have a case.

or are you straight, white, catholic, monogender (WTF), male and being discriminated by one of the above

Mimikyu

This post has been deleted.

Eru

vector wrote:

or are you straight, white, catholic, monogender (WTF), male and being discriminated by one of the above

Most discriminated people in the world. Lets organise a march, were white, heterosexual men and proud!!!

senordingdong

Solitaryman666 wrote:

This post has been deleted.

Yeah it would have been.
I have since found out why I was sacked...not from them though.

senordingdong

Correction I have not yet found out why.

But a friend of mine told me that unless you have been employed by a company for more than a year, they are not legally obliged to give you a reason.
Any truth in that?

padser

Did you receive notice?

You are entitled to one weeks notice after 13 weeks in employment.
Assuming you did get one weeks notice then there is little you can do.
The unfair dismissals act which is the main pieceof legislation in this area does not apply to those who have been with the employer less then a year.

The reason you probably did not receive a reason is due to a possible anomoly in Irish law.

Outside of the unfair dismissals act any dismissal is covered by common law, much of which comes to us from England. So under English law there is normally a right of the employer to dismiss on notice (its not unqualified but its pretty broad). This means an employer does not have to give a reason.

However in Ireland we have a constitution which gives us rights to fair procedures etc. This means if an employer goes over and above his duty and gives a reason the employee would have the right to challenge it, and the empoyer would need to be able to justify it.

Although its hasnt been definitively ruled on this is certainly a possibility which is possibly why your employer declined to give you a reason.

senordingdong

But are you keeping in mind what I said about the probationary period?

Eru

senordingdong wrote:

But are you keeping in mind what I said about the probationary period?

You have no comeback that I can see. Its ****ty what they did but not unique, many companies act in this manner, especially in those with high turn over of staff.

I suggest you simple move on with your P45, paycheck and (presumable) a decent reference in your pocket.

padser

senordingdong wrote:

But are you keeping in mind what I said about the probationary period?

Is this in relation to your right to receive notice?

You are entitled to a weeks notice after 13 weeks in the job. This is provided
for in statute.

http://oasis.gov.ie/employment/losing_your_job/losing_job_notice.html

senordingdong

Karlitosway1978 wrote:

You have no comeback that I can see. Its ****ty what they did but not unique, many companies act in this manner, especially in those with high turn over of staff.

I suggest you simple move on with your P45, paycheck and (presumable) a decent reference in your pocket.

Oh I'm not saying I do have a comeback, this is really just a bit of Q&A now.
Alas though, I found out that they will not give a reference if the probationary period is not completed, nevermind a good one.

And Padser, I had only been there two months.