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Employer didn't pay legally agreed rates - Do I have any comeback?

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  • 16-10-2008 1:28pm
    #1
    easy guv'nor
    Closed Accounts Posts: 150 ✭✭


    I'm a construction worker and was working for an employer for about 6 months this year. This employer operates as a small agency effectively, providing specialised labour to the big 10 building contractors. During this time I was consistently paid below the Registered Employment Agreement (a nationally negotiated deal which sets legally binding minimum rates of pay and conditions) rates.

    I tolerated this because of the scarcity of work and the fact that this employer looked like he had work upcoming, which I was promised. I didn't want to rock the boat basically - my experience with agencies is that they consistently underpay their employees, and If you complain about this you are logged as a troublemaker and won't be offered work in the future.

    Has anyone any experience of this situation? I'd be particularly interested in hearing from anyone in construction.

    I'm considering taking some action against this employer to recover what he owes me. Anyone have any ideas how to go about this?
    Tagged:


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    #2
    AARRRGH
    Closed Accounts Posts: 12,382 ✭✭✭✭AARRRGH


    1. Do you have a contract which says what rate of pay you will be on?
    2. I have never heard of this "Registered Employment Agreement". Are you talking about minimum wage or something else?

    EDIT: OK, I see what it is. It looks like you might be onto something: http://www.labourcourt.ie/Labour/Information.nsf/AllByUNID/E2771E4911FEC84980256A1C002C85AB?OpenDocument


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    #3
    easy guv'nor
    Closed Accounts Posts: 150 ✭✭easy guv'nor


    Yeah, thats it.

    I'm hoping I can pursue this in the small claims court.


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    #4
    seamus
    Registered Users Posts: 68,317 ✭✭✭✭seamus


    You can't. Small claims doesn't deal with this kind of thing. NERA is probably your first port of call.


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    #5
    easy guv'nor
    Closed Accounts Posts: 150 ✭✭easy guv'nor


    Thanks Seamus, contacted NERA and they are initiating a claim for me. I wasn't aware they existed.


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    #6
    AARRRGH
    Closed Accounts Posts: 12,382 ✭✭✭✭AARRRGH


    Wow, what a great, swift outcome! Well done.


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    #7
    easy guv'nor
    Closed Accounts Posts: 150 ✭✭easy guv'nor


    I hope it will be a good outcome - they sounded extremely professional and interested on the phone (unlike some other government agencies).


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