Employment Law

antodeco

Hi All,

Recently I feel like my job want rid of me. I was told by my manager that he would prefer someone else doing my job. I got a written warning (which I didnt accept or sign) 2 weeks ago, and since then my manager has been advising me that I wont get a second warning. Ill just be fired. Ive been working there nearly 2 years, and my contract expired 10 months ago. Ive asked several times for my contract and keep getting told, "in a few weeks". Ive recently been told that I should wait another 2 months before asking again, because of my written warning.

I have a few questions:

Does it sound like they are trying to push me out?
What should I do regarding my contract?

Thanks

Wishbone Ash

antodeco wrote:

I got a written warning (which I didnt accept or sign) 2 weeks ago, and since then my manager has been advising me that I wont get a second warning. Ill just be fired

Presumably you have done something to merit the written warning? Most employers operate a system of:
1. Verbal warning
2. Written warning
3. Final warning

Generally, an employee can only be dismissed on the spot for gross misconduct.

antodeco wrote:

Ive been working there nearly 2 years, and my contract expired 10 months ago. Ive asked several times for my contract and keep getting told, "in a few weeks". Ive recently been told that I should wait another 2 months before asking again, because of my written warning.

Contrary to general belief, there is no requirement to be provided with a written contract. The fact that you are employed there is a contract in itself. You are only legally required to be provided with your terms of employment within 2 months of commencing work.

antodeco wrote:

Does it sound like they are trying to push me out?

Possibly. See Unfair Dismissals Act 1977 http://www.irishstatutebook.ie/ZZA10Y1977.html or see Constructive Dismissal http://www.citizensinformation.ie/categories/employment/unemployment-and-redundancy/dismissal/constructive-dismissal

antodeco wrote:

What should I do regarding my contract?

Send them a registered letter enquiring about you contract (and keep a copy and the receipt). They then cannot claim that they didn't receive it. Most people take registered letters seriously.

If you are dismissed, the dismissal is automatically considered to be unfair. It is up to the employer to prove that it was fair. The burden of proof is on the employer.

(PS - you would be better posting this in Work and Jobs )

Time Magazine

The Department of Trade, Enterprise and Employment have a fantastic group of people who can talk to you for free in confidence about your employment rights/situations/conflicts. They will advise you of your chances of succeeding in the Labour Court if you go. I had a problem with an employer a little over two years ago and can't recommend these guys enough. You go in and they tell you what the story it.

Davitt House
65a Adelaide Road
Dublin 2
Dublin
Ireland
Tel: +353 (0)1 6313131
Locall: 1890 220222

antodeco

Thanks for the replies.

Re: The Written Warning.

I was given a list of things that I had done wrong. All but one was out of my control. I was told that I was not allowed to defend myself or give reasons for why they happened. Also, two of the things mentioned in the warning were totally untrue. It was also sent via email, does this still stand up?

I was also told that next time I do anything wrong, I will be fired, and wont even be afforded to know about the warning. Obviously you are entitled to a second written warning (excluding mis-conduct). The fact that I was never afforded the opportunity to challenge the first written warning seems very unfair.

Also, my manager is telling me not to do things, and then giving out to me for not doing them. He also mentioned that he wants me gone, as I am on too much money. This has left me feeling very unsecure about my job.

Our man in Havana

Seek professional legal advice. They sound like lovely people to work for. :eek:

Darragh29

Having been in a similar situatiaoan only a lot worse, my best advice to you is to just leave. Don't give them any notice, just get another job and don't show up for this shower of twits. I used to put up with that sh1te and now my philospohy is if I'm in not happy or putting up with a pr1ck of a boss, I'm outa there.