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Grounds for Union/Legal Action?

  • 27-10-2006 2:14pm
    #1
    kevthecelt
    Registered Users, Registered Users 2 Posts: 261 ✭✭


    My girlfriend works in a city centre hotel, she has been working with them for around 4/5 months, she still has her original contract stating her salary, position etc, but it does not have an end date.

    Heres where it gets interesting, they are now deciding to demote her and cut her pay, at the very least this is an issue for a workers union, yes? however she does not have union representation within her workplace so she will have to go elsewhere to get advice. So what im asking is are they legally entitled to do this considering she still has her original signed contract? She is polish so i really do think they are trying to take advantage of her and im defininitely willing to fight her corner and do whatever it takes, any advice on this predicament would be appreciated


Comments

  • #2
    i71jskz5xu42pb
    Closed Accounts Posts: 1,806 ✭✭✭i71jskz5xu42pb


    She does not have to join a union - she can get advice from the Employment Rights Information Unit. I'm not going to speculate on the rights/wrongs of the situation but these guys should be able to set her straight.


  • #3
    Wishbone Ash
    Registered Users, Registered Users 2 Posts: 25,064 ✭✭✭✭Wishbone Ash


    Unfortunately, employees with less than 365 days service have very few rights. She could be dismissed in the morning and would have little recourse to employee legislation as she is employed for 4/5 months only. An employer is legally entitled to dismiss an employee without reason within the first year. (There are several exceptions to this which do not apply in this case). Whether she joins a trade union is irrevelant as the employer has no legal obligation to recogise one.


  • #4
    seamus
    Registered Users, Registered Users 2 Posts: 68,190 ✭✭✭✭seamus


    They can demote her, but they can't cut her pay without issuing a new contract. She doesn't have to sign this new contract. If she refuses to sign, they can just let her go.

    There are no grounds here for legal action unless you believe (and can prove) that she's specifically being dicriminated against because she's Polish.

    Union don't provide a be-all and end-all solution. Unions simply exist because they provide strength in numbers - if all or half of your employees are in a union, then it gives them a unilateral voice. Employers have no obligation to deal with unions, and many refuse to. Even if she does join a union, it's a waste of time and money unless a significant amount of her colleagues are also in the same union.


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