Quit job( Bullying & Harrasment) can I claim dole?

Peewee_lane

Hey there,

I quit my job last week, I had given them their 4 week notice. I had a terible time, I was working in a firm in Dublin and I applied to an office in my home town and got an offer. It cut out 3 hours travelling a day and I was delighted.

However - I was extremely bullied, the whole office is. The two (husband and wife) owners are rude, scream and shout and swear at you like your filth. I was five months there and I dont think Ive ever cried so much, but they kept shouting and picking on minor things. I told them I had never worked in such an unprofessional enviroment in my life and that was my reason for leaving.

So, all of July I applied every where online, got one interview. I changed my secretary search to reception, admin.. etc.. still no bite.

I want to go on the dole in the meantime, but after revising the handbook online Im afraid I wont get it because I left my job. But, I left my job because of bullying and harrassment - is that allowed?

Or should I say I was let go, or sacked... I dont know, but Im afraid its looking bleak out there, especially for my CV and I wondered if anyone could give they're advices on this please?

Many thanks

Peewee.

MagicMarker

Anyone can claim the dole... If you were fired you can claim it straight away, however if you left of your own accord then you have to wait to get it, 6 weeks i think. But by all means tell them the circumstances.

P.S, fair play for giving 4 weeks notice!! If i had been in your position i would have walked out and never looked back.

Peewee_lane

Thanks Magic marker for the speedy reply. Its just I read the terms and conditions - http://http://www.welfare.ie/foi/ub_unempben.html#part4, and i got a little freaked that the deciding officer could say no. Im also afraid that they will send a letter to them. They're on holidays at the moment for 3 weeks though, but really, Im anxious and afraid of them. They were absoulutely horrible people and get away with murder.

But I can wait the 6 week period...

Anyway what actaully happened was I was due to leave at the end of June and they asked me would I oblige them staying an extra month and I did, but boy, they ripped me to shreds during the last few weeks, but I kept thinking, they're paying me, the jokes on them.

MagicMarker

It's possible they could say no, but i would say highly unlikely.

Just explain your circumstances, and even when you go down to the welfare office bring copies of emails/applications you've made and any responses you have received. I wouldn't worry, just keep at it and you'll more than likely have a job by the end of the 6 weeks anyway.

Peewee_lane

Yeah, just saying to the boyfriend here, I'm going to print off all emails and applications Ive made from my email and bring them with me to show during the period I was working I was applying elsewhere but to no avail, many thanks Magicmarker!

krd

I know people who've been able to walk and the social accepted bullying as an acceptable reason for leaving work.

On the other hand, once I got fired, from a dodgy company. And I was penalised a months dole... because apparently ,, the dole office ,,, said I had wilfully contributed to my dismissal ,,, just so I could get the dole.

I think the worst case scenario for benefit is 6 weeks.. for assitance it's 3 months.

Peewee_lane

Thanks KRD, I signed on this morning and I stated bullying and harrasment as my reason for leaving.

c4cat

Peewee_lane wrote: »

Thanks KRD, I signed on this morning and I stated bullying and harrasment as my reason for leaving.

Look at this link and take action now!

http://www.hsa.ie/eng/Work_Safely/Workplace_Health/Bullying/Are_you_being_Bullied/

Bullying and Harrasment is illegal and if you collected evidence of what was going on such as recordings of the abuse thrown at you then you can claim a fortune in damages. If anyone is having any problems at work, before quitting go to an employment advisory service. No one has the right to abuse you in any way whatsoever. You have a right to be treated with dignity in the work place

You should take advice about constructive dismissal this should not be confused with unfair dismissal

Constructive dismissal arises where you terminate your contract of employment, with or without prior notice, due to the conduct of your employer. Your employer's conduct however must have been such that it would have been reasonable for you to terminate your contract without giving notice.

Here are some places to go for help

Employment Appeals Tribunal
Line 1:
Davitt House
Line 2:
65a Adelaide Road
Line 5:
Dublin 2
County:
ZZZ
Country:
IRELAND
Tel:
+353 (0)1 631 3oo6
Locall:
1890 220 222
Fax:
+353 (0)1 631 3266
Homepage:
http://www.eatribunal.ie/
Email:
eat@entemp.ie
Wheelchair Access:


National Employment Rights Authority
Dept.:
Information Services
Line 1:
Government Buildings
Line 2:
O'Brien Road
County:
Carlow
Country:
IRELAND
Opening Hours:
Mon. to Fri. 9.30am to 5pm
Tel:
(059) 917 8990
Locall:
1890 80 80 90
Homepage:
http://www.employmentrights.ie
Email:
info@employmentrights.ie
Wheelchair Access:

Kristopherus

+1. No employer has the right to bully or harrass staff. If you go the way c4cat has suggested, make sure you get as many witness help as you can from the other staff who were subjected to the same treatment.

SuzyBoo

Really feel for you. I left a job once on account of bullying and its a truly awful predicament to be in. Stay and be bullied into bad health and depression or leave and face financial uncertainty. Best of luck in getting a new job and I hope whoever takes your place in the old one is a time-wasting, lazy, layabout who robs that nasty pair blind and gives them a taste of their own medicine!

c4cat

SuzyBoo wrote: »

Really feel for you. I left a job once on account of bullying and its a truly awful predicament to be in. Stay and be bullied into bad health and depression or leave and face financial uncertainty. Best of luck in getting a new job and I hope whoever takes your place in the old one is a time-wasting, lazy, layabout who robs that nasty pair blind and gives them a taste of their own medicine!

I would love to get a job with this business. I have already taken a small business to an Employment Tribunal Court for this kind of behavior. If you understand your rights after 1 month of abuse from them. Documented and recorded one can claim a fortune in compensation via the Employment Tribunal Court and the business would not have any defense what so ever. In fact it would be most likely that the case would settled long before reaching a hearing with a substantial cash settlement. I carried an MP3 Player around my neck that had a voice record function. it was a 2gb size so could easily record 8 hours each day which I saved on my computer. When my ex boss was confronted with the evidence he settled my case for a large 5 figure sum out of court

popebenny16

While the EAT is outside the scope of this board we dont know how long the OP worked there - 5 months in the local office but you need 12 months to claim in the EAT. In any event, you can claim breach of contract and wrongful dismissal in the circuit court on the same grounds. Talk to a solicitor who specialises in employment law.

I really dont think we should be throwing out terms such "substantial settlement" or anything like that as no case is 100%.

The OP's problems can be sorted by providing a copy of the notice and also by going to the CWO in his/her area while waiting for a payment. In the circumstances it should be favorably looked upon.

c4cat

popebenny16 wrote: »

While the EAT is outside the scope of this board we dont know how long the OP worked there - 5 months in the local office but you need 12 months to claim in the EAT.

Wrong

In this case she would bring a case of "Constructive Dismisal which is far different to Unfair Dismisal which you are confusing the issue with and which would need 12mths of service. google the two terms you will understand what I mean

popebenny16

c4cat wrote: »

popebenny16 wrote: »

While the EAT is outside the scope of this board we dont know how long the OP worked there - 5 months in the local office but you need 12 months to claim in the EAT.

Wrong

In this case she would bring a case of "Constructive Dismisal which is far different to Unfair Dismisal which you are confusing the issue with and which would need 12mths of service. google the two terms you will understand what I mean

I'm not wrong:

http://www.entemp.ie/publications/employment/2004/unfairdismissals_booklet.pdf

Peewee_lane

Okay guys, I regret not recording them in action, but you have to understand, I worked in professional offices in Dublin, moved to an office in a neighbouring county and was met with absolute madness, vindictiveness and bullying. I cant take action because these two are the biggest liars under the earth, and are doing it professionally( if you know what I mean). They use their words as a tool in their work, and they would have no hesitation mincing whatever claim I brought against them just for the sake of winning. I watched others leave and being treated badly. If you try stand up for yourself it makes things worse and they scream louder.

I am thinking of hitting them where it hurts and writing a letter to the professional body that governs over their profession. I wont be going down the track of EAT with no evidence and I want nothing more to do with them but to move on. I suffered from anxiety for the first time in my life, my chest hurt in the mornings and I just dont want to go back there.

c4cat

popebenny16 wrote: »

c4cat wrote: »

I'm not wrong:

http://www.entemp.ie/publications/employment/2004/unfairdismissals_booklet.pdf

Yes you are wrong, your link refers to unfair dismissals. This person would be advised to pursue a case of "CONSTRUCTIVE DISMISSAL". Now look up understand the difference between Unfair & constructive dismissal. I know the OP can not claim unfair dismissal

popebenny16

Ok, this is way beyond the scope of this forum, but I think that in the case of anyone who wants to go down this road this should be clarified.

Constructive Dismissal is a form of Unfair Dismissal. It occours when the bahviour of the employer is such as to force the employee to leave. In such situations the burden of proof shifts to the claimant. In "Ordinary" Unfair Dismissals the burden of proof lies with the employer to prove the dismissal was fair.

See page 8 of the booklet. There is no Legal Right to claim for Constructive Dismissal. You claim for Unfair Dismissal and you state in your claim that the grounds of your claim are based on the bahaviour of the employer.

You will see on this page a link to the application form:

http://www.eatribunal.ie/en/forms.aspx?article=6c7c441e-0ad9-45ea-aee1-b8666b0fced9

As you can see you only claim for Unfair Dismissal, in the information section you state why you left, and when you open the case in the EAT you inform the chairman that it is a case of Constructive Dismissal.

I have acted for many people in UD cases including ones of Constructive Dismissals, the claimant claims for Unfair Dismissal, the EATs written Judgement and Summary always refered to Unfair Dismissal.

The time limits are the same, the neccessity for one years service is also the same.

Also, from my professional experiance of presenting these cases, all talk of "substantial settlements" and awards are fantasy. For a start, all such are considered as Salary and are therefore taxable at full rates of PAYE and PRSI.