dismiss - is that that easy?

LegacyUser

Hello everyone

Foreigner (as you can see below) being on an employer side for some time myself, now I am a little bit confused about Irish employment law and practices

employee worked with the employer less than 12 months, no written contract but initial letter of offer with some terms and conditions, no trade union member what the employer is well aware

employee's action procceding dismissal:
questioning some contradicting instruction given by different persons and refusing to follow one of such,
an attempt to explain not heard out

in effect dismissed with immediate effect, no warrning, no notice, no grounds given, although obvious you may say

Is everything perfectly right?

I do personally agree some employees don't deserve their pay and I also understand why questioning unclear instruction may be annoing for some but I used to think that dismissal proceedings should be applied first...

Was I too cautious about that matter?

In some other countries I know only stupid employer would act like that, but as long as I choose to live here I would like to adjust to local customs.
Was I just missinterpetting the rules? Definetely I feel confused now.

And just in case if it is not all right...
what advise would you give to the employer and what to the employee?

I realize it is quite unusual to advise both parties in the same case but I am in very between, if you know what I mean

Any comments welcomed

Shelli

Call NERA and explain exactly what happened, they will be able to tell you where you stand.

Hitchhiker's Guide to...

It is extremely hard for an employer to fairly dismiss someone. They have probably done something wrong. For example, you usually have to be given written warnings.

As per Shelli's advice - contact NERA - they can be found here: http://www.employmentrights.ie/en/aboutnera/informationservices/

You'll find that most of Ireland's employment laws are the same as in other countries in Europe, as we follow European legislation.

AARRRGH

Irish law only protects employees who have been with the same company for more than 12 months, so there isn't too much the employee can do.

I can't remember the law exactly, but I have fired people in the past (all were with the company less than 12 months) and I did research the law quite heavily at the time. I remember my conclusion was it was safe to fire the employee.

Hitchhiker's Guide to...

dublindude wrote: »

Irish law only protects employees who have been with the same company for more than 12 months, so there isn't too much the employee can do.

I can't remember the law exactly, but I have fired people in the past (all were with the company less than 12 months) and I did research the law quite heavily at the time. I remember my conclusion was it was safe to fire the employee.

didn't know that, but am guessing it is harder now due to the european directive on employment law?

AARRRGH

Roundtower2 wrote: »

didn't know that, but am guessing it is harder now due to the european directive on employment law?

I'm not sure - it could be.

My knowledge on this subject would be about three years old, so things may have changed since then.

LegacyUser

Solution

In given circumstances an employee has right to paid notice only (according to a solicitor and that nera thing)

A riddle, one more

Even this was not respected, nor P45 was issued.
There were also numerous rather minor flaws in the employment including these regarding taxes, not mentioning overtime but I wouldn't make an issue with these ones as this is the norm in construction business....
Emplr burst out laughing, when enquired direcly. Now he says that the employee has quit the job without notice - thou no right to pay, and moreover he says the same to potential new employers!

Well... I do accept the fact that such practices happen but can't agree to be treated like a rusted junk in a computer store.
A solicitor asked for advice... not interested - case not easy as no proof and first of all not much to suck...

Generally, I got the impression asking these questions I am the phenomenon in quite common practise. In best case. There were other commoner;s sugestions... made me look back where I come from.

Conclusion

Well rooted and primitive customs are far more important in everyday life than any of these sufisticated and glorious but still artificial and not handy laws.

Have a nice evening
muser

ps. you underestimate capabilities of well motivated foreigner workers
"Show me the money, and I will move the Earth" - an annoyed 'Italian', labourer