gender discrimination at work

pog it

Okay guys, would really appreciate your help with this one.

I have been working as a casual staff member for a clothing warehouse, cash in hand and totally off the books. There are at least three of us in this arrangement, who started together on the same day.

This week I went in as usual and we were all sent home after a half day as there wasn't much work doing. So, next day it turns out one of the guys is asked back and I'm not. The third guy comes in on Thursdays and Fridays but is casual too.
So I went in to them on Wednesday to ask what was the story with hours for Thursday and Friday, and the boss 'lady' said there was nothing, and when I asked about next week, she shook her head and said, hmm maybe a few hours but very little.

I was accepting this of course but then one of the guys rang me this evening from work, he was there Thursday and today as was the other guy. It's a warehouse and she is def keener on guys working there in general, but I feel really used and deceived. She told me there would be no work for any of us three and she has lied about this. It looks very much like I've been let go due to being female and I am furious about it.

I'm not sure if I can do anything as I was never official in the first place, or if I even can give this company in to Revenue for their off the books carry on. They're milking it on the casual staff. I'm in Australia by the way, so hence why I'm utterly clueless.

I'd REALLY appreciate any advice if you have had similar experiences to help work out what to do with this.

Pighead

Save up all your money and buy yourself a willy.
You cannot beat this inequality. Its here to stay.

pog it

Pighead I'm not happy with letting them away with this carry on. I had a great rapport with everybody there, and she didn't even tell me there was a BBQ this evening that the company is paying for, even though I was part of the staff right up to the day before it was arranged and did a load of work to get the order completed, which is what they're celebrating!!

Would going to the Tax folk do them any damage? I'd rather not do this but she has lied to my face and been completely 2 faced about it.

Dragan

pog it wrote:

I have been working as a casual staff member for a clothing warehouse, cash in hand and totally off the books.......I'd REALLY appreciate any advice if you have had similar experiences to help work out what to do with this.

It would seem that as you are earning your manner in a way that is pretty much illegal then you cannot do a thing.

"Hi there, i am working on the sly and not paying any tax"

The simple fact is that you were illegal working, you had no contract and you have not paid tax. As such i am not sure what way the labour laws cover this. I imagine it would not be too well though.

I would suggest you simple get a "normal" paying job....at the end of the day you were working for a company that likes to tax dodge...can you really be suprised there would discriminate based on sex this way?

r3nu4l

Well if you shop them to Revenue you better do it anonymously, otherwise you too will find yourself paying back taxes and penalties.

Be careful. Try to find a proper 'on the books' job, you have more protection that way. Sorry but it's about the only advice I can offer. Is there any reason you can't get a 'proper' job? Lack of a valid visa?

Ciaran500

How about a radical step of confronting her?

eachtrannach

pog it wrote:

... and she didn't even tell me there was a BBQ this evening that the company is paying for, even though I was part of the staff right up to the day before it was arranged and did a load of work to get the order completed, which is what they're celebrating!!

Erm ... I think you should see yourself as being made redundant by this stage, this clearly hints at you not being wanted in the company at all.

As to gender discrimination ... would be hard to prove in this case, as the boss could always claim that she would have phoned you next etc.pp. And as to infoming the taxman - he might be interested in the company, sure ... but he certainly will be interested in you as well. Could be a clear shot into your own foot!

pog it

No I have a student visa and can work 20 hours a week on that no problem. Finding other work was hard because I was up front with people and honest about the fact I was only going to be around for around two months so could only get this and another job which I've just finished and was taxed on and all that.

I will do it anonymously, I was wondering will any action be taken though or if by its anonymous nature it will be ignored. Also, this is discrimination and god damn it I won't have it! Can I take up a case against them?

emmm work forum tbh?

TheBlock

Is there any chance she just thinks your just not up to the job?? Maybe she is letting you go based on your performance but is doing it gently?

Just a thought..

pog it

I asked her directly on Wednesday was there an issue with prioritising guys over girls, and she said (obviously enough!) 'not at all', that the work just wasn't there, they were between orders, etc. and she herself was busying herself with paperwork long overdue.

But there's work for the guys, clearly.

I was thinking of going in again to her with a threat, or at least to slap her across her face for this treatment. She's a middle aged bored housewife with a chip on her shoulder that I'm much younger and had a good rapport with the guys on a totally friends-basis. Plus, I had no run in with her and worked very well.

eachtrannach

pog it wrote:

Also, this is discrimination and god damn it I won't have it! Can I take up a case against them?

As I said before, the discrimination is open for argument - unless you have been explicitly told that hours would be allocated on a fair basis and can prove that you were not called in because you are female you are in a rather iffy position.

Sure you can try to take a case up against them ... but instead of boards.ie maybe the Aussie anti-discrimination authorities would be a better place to start enquiries?

pog it

Nah, I worked well, I've never been let go in a job before either. The only thing was that I couldn't lift the really heavy stuff, but I pitched in way more than I could have, which anyone there can attest to for me.

pog it

eachtrannach wrote:

Sure you can try to take a case up against them ... but instead of boards.ie maybe the Aussie anti-discrimination authorities would be a better place to start enquiries?

True of course, but I wanted to hear from people that have had experience of this. As i said, it's completely new territory to me and I'm so mad this has been done to me, I just don't like that she can get away with this. And definitely my work was up to scratch without a doubt, so that's not it.

eachtrannach

pog it wrote:

The only thing was that I couldn't lift the really heavy stuff, ...

Your ex-boss would be eternally grateful for you to bring this up, now she just has to say, "... and on those two days we were expecting a lot of heavy-stuff-lifting so I got the two lads in who could do the job ... no discrimination!"

Vinnie69

pog it wrote:

I asked her directly on Wednesday was there an issue with prioritising guys over girls, and she said (obviously enough!) 'not at all', ........

........... She's a middle aged bored housewife with a chip on her shoulder that I'm much younger and had a good rapport with the guys on a totally friends-basis.

Middle aged bitch! says it all. Move on, try and find a middle aged male boss who leers and you will get all the work! Life isn't fair ! Don't waste your time and effort on biggoted people. I hope you find a nicer place to work:D

pog it

Okay eachtrannach, you win I can now see how far all that would get me, and regards telling the tax crowd-- there are two ppl in there desperately in need of that cash, so I can't so well do that either.

I am due my final money from them on Monday and so I will go in and just at least tell her what I think of her rag face. That I will enjoy if it's the only satisfaction I am to get!

eth0_

Pighead wrote:

Save up all your money and buy yourself a willy.
You cannot beat this inequality. Its here to stay.

Unwarranted. Any more posts like that and you'll get a weeks ban.

pog it

By the way, I would have thought eachtrannach meant adventurist??

spurious

pog it wrote:

cash in hand and totally off the books

There's your main problem right there. You haven't a leg to stand on.
That, and people being afraid or unwilling to report them are the reasons why they get away with it.

You can easily shop them to the Revenue and you do not have to give your details.

eachtrannach

pog it wrote:

By the way, I would have thought eachtrannach meant adventurist??

So where's the problem then? Being a German in Ireland is some sort of adventure, I tell ya!

pog it

Great stuff! Welcome, alien!

gerrycollins

sorry to say this but you got nothing
no contract: states the obvious
off the books: says enough about the company if they are operating like that

as many have said the most you can do is ring the revenue and get them into hot water

as for voilence towards the "boss" why? sure you will be the one in hot water then!

pog it

Jaysus Gerry you're getting ahead of yourself there.

I intend to have words with her, that's it, but I can be effective. Not intending to do her any physical injury!

Buceph

This isn't really a case of gender discrimination, it'd be too easy for her to say you weren't capable of the job. It might be a case of constructive dismissal though. Telling you there were no hours when there were, and not explaining why there were no hours when there were. Not inviting you to work social stuff. If this happened a couple of times it could amount to constructive dismissal.

pog it

Buceph:

Thanks for that info.

But does this apply to me even though I was a casual employee and even though it was cash in hand and off the books?

Everybody has basically been telling me I have 0 rights because of this fact.

There is a thing about 'casual loading' I found on the net though- where you are entitled to over 23% of the hourly rate on top of that hour's pay in compensation for the lack of guaranteed work, when you are a casual member of staff.

Then again, off the books, same deal? nowhere to turn really?

If I can't doo anything officially, i am going to look for other kind of off the books compensation. They're a really big company...

eachtrannach

pog it wrote:

... off the books ... guaranteed work ...

Morning!

Do you see the contradiction in the quote above? If you were working off the books, where did ist state that work was guaranteed? Also: Constructiove dismissal would only IMHO apply if there was a position to be dismissed from ... with a contract.

focusing

Sorry guys, really hate to bring the law into this, but:

1. An oral contract still gives you rights. Your still an employee within the meaning of all the employment legislation. In fact they broke the law by not giving you a written document. You're perfectly entitled to enforce your rights.

2. Not paying tax isn't a problem. Remember they're supposed to deduct it. If they didn't, they're facing a criminal conviction. It's not your fault they didn't deduct tax and since your annual earnings are probably very low, you may not have a very high liability anyway. The Revenue were really being screwed out of Employers' PRSI, which is the company's liability, not yours.

3. If you take a case you'll nail them to the wall, beacuse:

a) overt gender discrimination (within the meaning of the EEA); and

b) they have to settle, because otherwise they'll be in massive trouble with the Revenue, and to a lesser extent they've broken the law by not giving you a written copy of your terms and conditions of your employment.

Drop me a private message if you want to be pointed in the right direction.

Under no circumstances "tell her what you think of her". Anything less than perfect manners from you could cost you compensation.

And remember, you're the victim here. The fact they wouldn't give you a written contract doesn't mean you can't claim.

pog it

pog it wrote:

Then again, off the books, same deal? nowhere to turn really?

Hence this comment Eachtrannach.

Focusing I've pmmed you, but I'm leaving in three days so if I'm going to act it would have to be asap.

By the way, she threw in some extra money- not much, but it must be the casual loading thing I'm reckoning. If not that, then what? They also paid me through the bank this time which i asked her to do so that it would save me a trip to the bank.

Must say, I'm really only interested in doing anything because of her deliberate deceit which is what got to me the most, more so than losing the money I could be making now if I was still hired by them.

pog it

pog it wrote:

save me a trip to the bank

err...warehouse