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Contract broken?

  • 01-02-2008 1:07am
    #1
    Orion
    Closed Accounts Posts: 12,807 ✭✭✭✭


    This is not me - a girl I know is in the position and I'd just like people's take on it. I've already advised her that she speak to a solicitor and/or advice bureaus.

    Problem 1: Jane (name changed) works for a small company. Recently a client made some strong sexual comments to her in front of one of the directors of her company. She was supposed to work alone with this client and told her (male) bosses that she did not feel comfortable working alone with him. Their attitude was basically 'tough $hit, do it anyway'. I know she's fully within her rights to refuse based on the comments made. But what else can she do?

    Then, today, she got a bollicking from her bosses being difficult with them about this client. Complete assholes obviously. So she wants to leave the company now. AFAIK this is grounds for constructive dismissal and I have recommended speaking to a solicitor. Am I right?

    Now the current problem. None of the staff were paid this month. The bosses claimed yesterday that there was a problem with the bank but some staff contacted the bank and they were told there was no problem at their end. It seems to have been leaked that the Revenue have frozen the accounts. That's dodgy enough but irregardless of this Jane wants to just get out anyway. Her contract states 1 months notice. But if they're not paying her surely that's breach of contract and she can walk out - she wants to give a week. She rang the Employee Rights Advice centre (can't remember the real name) and they told her that she still has to give a month? That can't be right if they're not paying her can it?

    Whether she leaves in a week or a month I really hope that she screws them in the LRC anyway. I'll be talking to her over the weekend again and that'll be my advice. She's nothing to lose and if she hangs them she might prevent them treating some other girl like this in the future.

    Anyone any further advice that I can pass on to her?


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