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Whats my rights?

  • 12-02-2009 2:28pm
    #1
    Slig
    Registered Users, Registered Users 2 Posts: 1,550 ✭✭✭


    I am working as an architectural technician in my current office for the last 3.5 years. I specialise in large buildings in the office but as the market has dried up I am finding that I have nothing to do most days. I am working in a small office and although I am not the last in I am the most expendable (surplus to requirements).
    What is to stop my boss firing me instead of making me redundant? He has done this to past employees, one of which brought him to court but they were unsuccessful. What is the minimum amount of warnings I would need to be given for a firing to be valid?


Comments

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


    Redundancy and firing are two different things.

    1. He can make you redundant.
    2. If he is to fire you, in general it is verbal warning, written warning, fired.


  • #3
    leeroybrown
    Closed Accounts Posts: 7,563 ✭✭✭leeroybrown


    Your employer will normally have to go through a sequence of warnings before firing you. Typically the recommended sequence (as recommended by the LRC) is verbal, written, final written and then fired. That said, there's no set requirement to do it in any particular way so long as they act fairly in the circumstances and comply with their own disciplinary procedures. If they could come up with a legitimate reason for dismissal or final warning then they could jump straight to the end of the process immediately. If they don't do this correctly then they would have a high chance of losing a subsequent unfair dismissal action.


  • #4
    Nody
    Moderators, Category Moderators, Arts Moderators, Business & Finance Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 18,375 CMod ✭✭✭✭Nody


    Slig wrote: »
    What is the minimum amount of warnings I would need to be given for a firing to be valid?
    Zero if it is serious enough offence that can be proven. The above posted number of warnings is what most companies use but it is not a legal requirement per say and depends on company policy (my current one is verbal, first written, second written, hearing, gone).


  • #5
    Slig
    Registered Users, Registered Users 2 Posts: 1,550 ✭✭✭Slig


    Surely there has to be some protection for the employee.
    He could just come out here and fire me for not working when I have nothing to do?
    Should I talk to him and tell him that I have no work? or is that just tempting fate?


  • #6
    Xiney
    Registered Users, Registered Users 2 Posts: 8,085 ✭✭✭Xiney


    Send him an email saying you would like more projects.

    It's a way of covering your ass if he fires you for not working.


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  • #7
    AARRRGH
    Closed Accounts Posts: 12,382 ✭✭✭✭AARRRGH


    Slig wrote: »
    Surely there has to be some protection for the employee.
    He could just come out here and fire me for not working when I have nothing to do?
    Should I talk to him and tell him that I have no work? or is that just tempting fate?

    I think you are a bit confused.

    If your job is no longer relevant or is unnecessary, you can be made redundant. This is very different from being disciplined because you have no work to do.


  • #8
    leeroybrown
    Closed Accounts Posts: 7,563 ✭✭✭leeroybrown


    Slig wrote: »
    Surely there has to be some protection for the employee.
    He could just come out here and fire me for not working when I have nothing to do?
    Should I talk to him and tell him that I have no work? or is that just tempting fate?
    As was pointed out above 'redundancy' and 'dismissal' are two very different things. If your employer has no work for you they have to make you redundant. This involves giving notice of redundancy, going through some required forms, making a redundancy payment and most importantly not being able to hire someone to do your job for a number of years.

    You do need to talk to your employer as they could start using the fact that you haven't been telling them that you have no work against you when it comes to disciplinary procedures. As it stands you're just helping him out by hiding in the corner and saying nothing.


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