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Promised job...but now...

  • 29-01-2009 12:42pm
    #1
    blondie666
    Closed Accounts Posts: 3 ✭


    Ok, someone i know, works for a very large department. Would be very much by the book, go through unions etc etc (the company). Got demoted - the whole team did - but got, in writing, a letter to say that they would be offered a place in a certain department which they wanted to go into. Then they had to do an aptitude test with an outside company, but she failed the test. Thinking conspiracy but anyway. In the first instance they shouldnt have really have had to do the test, they were demoted on the promise of going into this department. Do you think she has a case to get straight into the department? If so what would u do or say to management etc?


Comments

  • #2
    petes
    Registered Users, Registered Users 2 Posts: 8,382 ✭✭✭petes


    Did the letter mention anything about an aptitude test?


  • #3
    Tom Dunne
    Registered Users, Registered Users 2 Posts: 23,212 ✭✭✭✭Tom Dunne


    Didn't think you could fail an aptitude test. I thought it was just a measure of what a person is good at.


  • #4
    grizzly
    Registered Users, Registered Users 2 Posts: 2,789 ✭✭✭grizzly


    Tom Dunne wrote: »
    Didn't think you could fail an aptitude test. I thought it was just a measure of what a person is good at.

    Maybe to be able to perform competently in the new position it required a baseline amount of ability. eg. if the job involved typing – a minimum words per minute.

    Or it may have been an easy way to get people off the payroll.


  • #5
    seamus
    Registered Users, Registered Users 2 Posts: 68,190 ✭✭✭✭seamus


    A letter of offer is useless - it's just an offer and can be taken off the table at any time. It can also include conditions, which this one probably did. Without a signed contract, she's not in a position to demand anything.

    It's worth noting that they can't really demote anyone without changing their contract of employment. So unless she agreed to the demotion, they wouldn't have been able to do it. If she was lead to believe that the new contract (the demotion) would definitely lead to a job in the other department (without any strings or conditions), then there may be grounds to declare the demotion invalid, but she would need to hire a solicitor and take her employer to court.

    There's nothing in employment law really that would cover this, especially if the demotion was above board and she agreed to it.


  • #6
    blondie666
    Closed Accounts Posts: 3 ✭blondie666


    Insurgent wrote: »
    Did the letter mention anything about an aptitude test?

    No nothing at all, basically said when the position becomes available you will be able to move to that department.


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  • #7
    blondie666
    Closed Accounts Posts: 3 ✭blondie666


    seamus wrote: »
    A letter of offer is useless - it's just an offer and can be taken off the table at any time. It can also include conditions, which this one probably did. Without a signed contract, she's not in a position to demand anything.

    It's worth noting that they can't really demote anyone without changing their contract of employment. So unless she agreed to the demotion, they wouldn't have been able to do it. If she was lead to believe that the new contract (the demotion) would definitely lead to a job in the other department (without any strings or conditions), then there may be grounds to declare the demotion invalid, but she would need to hire a solicitor and take her employer to court.

    There's nothing in employment law really that would cover this, especially if the demotion was above board and she agreed to it.

    well for what its worth, the demotion is going to the labour court etc, so see what happens with that. because of it she has lost a lot of money in the long run, terms and conditions have changed etc. and now this. and yes she was lead to believe that there would be a no strings attached offer to go into the other department. they had a meeting with the top guy when the job came out, and he didnt seem to care that he wrote them that letter, and basically told them they would have to apply like everyone else and try and get the job via the normal channels...test, interview etc. if you have any good advise, websites, info that could be used please PM me, even with a union behind them its all seems like a big joke to be honest.


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