Horrible work situation

giger

Hi,

I'm am in a permanent role for more than 1.5 years and I had problems with the employer right from the start as they lied to us in the interview regarding the nature of the job.
But ok I cant proof that and so this will not be part of my question.

Due to several lies the trust in the employer was already gone by day 1.

The real issues are as follows:
1. I have not been provided with:
Disciplinary and grievance procedures
(The contract refers to a handbook wich is not finished yet after more than 1.5 years even though it has been requested countless times. Complaint with the Rights Commissioner has been filed already a few weeks ago.)

2. I have not received any informations about a standard PRSA account
(Which all employers who do not offer an occupational pension scheme have to offer legaly)

3. A while back a huge amount of HR sensitive data like: Payslips, CVs, Attendance Sheets, Addresses and so on were discovered to be accessible via the companies intranet to anybody in technical support all over the world. (Complaint with the Data Protection Commissioner has been filed already)

4. The company advertised an ESOP (basically a program which offers shares to employees) which has never been explained to me and when I asked for it I've been told that there is nothing like that.

As I can't trust this employer anymore but I am not willing to leave without fighting for a compensation I was thinking about "Constructive Dismissal" in this case.

Could anybody give me a brief advise on the situation and if there are chance to have a case of "Constructive Dismissal" against them ?

I know the board is no substitute for legal advise but maybe someone has a bit of experience in it.

Thanks a lot in advance

Cheers
giger

MagicMarker

What exactly do you want compensation for?

Why have you remained in the job for 18 months when you felt like this?

giger

Thanks for your reply.

I remained in this job because it is quite difficult to find a decent position when leaving lets say after 3 months.
Also I have been promised that conditions will improve and blabla...

Due to this situation I have suffered a lot from stress which affected my physical health as well.

Basically the employer broke the contract with not providing essential documents and god only knows who could have accessed my personal data like PPS number and stuff like that.

As I understand "Constructive Dismissal" is when an employer breaks the contract on several occasions.

eth0_

MagicMarker wrote: »

What exactly do you want compensation for?

Why have you remained in the job for 18 months when you felt like this?

Maybe he liked the job and did not realise the seriousness of the illegal acts committed by his employer until quite recently?

Eoin

giger wrote: »

As I understand "Constructive Dismissal" is when an employer breaks the contract on several occasions.

No, I think that would be breach of contract. Constructive Dismissal (I think) means that the employer created an environment that forced the employee to leave (rather than sack them).

I would recommend you document everything you have - all your requests for the policies and so on, your complaints to the various bodies etc. Then talk to a solicitor.

giger

Hi eoin_s,

Thanks a million for your reply.
This is what I will do as well as talking to my union in this regard.

I think that the employer is definitely in the wrong somehow.
Just trying to get a few more opinions on that :-)

Cheers
giger

gandalf

giger wrote: »

I think that the employer is definitely in the wrong somehow.

This is the part that concerns me. If you are not convinced then really there is no issue at all.

Constructive dismissal is where they are making it impossible for you to do your job with the aim of your leaving so they can replace you. From your description I don't believe this is the case.

From what you are describing it seems to me that all employees are effected the same way.

Document everything but tbh it just sounds like a badly run company rather than anything malicious directed specifically at you.

Try and get two years under your belt and then look around there is no point staying in a job that is effecting your health.

jimmycrackcorm

giger, according to what you wrote practically every employee working there must have the same grounds.

giger

yes that's true.
Everyone in my team has the same problems with this employer.