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Your opinion on an employment contract?- not legal advice! - Thanks

  • 13-02-2009 7:33am
    #1
    Closed Accounts Posts: 95 ✭✭


    Hey guys,

    Can we have a discussion about this please?? What are your thoughts?

    I am wondering if an employment contract is covered by contract law?

    Here is the story. My brother Sean is currently employed in a well known company in Dublin, he is in the position 8 months at management level. He was offered a 6 months probation with view to permanency when he started 8 months ago and all was going great. Sean went for his performance review and his manager was very pleased with him and he got a glowing review!

    Sean was never formally told his probation period was over so he assumed all was in order and it was a case of 'offer and acceptance' as his performance review had been conducted and his manager was very happy with him. Sean continued to go about his daily buiness and still worked his socks off after this review. About 3 weeks after the probation period ended (or so he thought) a new manager was appointed and whom he had to train in. Sean got on well with the new manager and continued to excel in his role. Before Christmas Sean was called into the office by his manager and was told that his probation was being extended by another three months to see how this new manager would interact with Sean and how Sean would engage with the new manager on projects. The new manager said that Seans objectives that were set by the old manager were '****e' and new one's would be put in place.

    Its now two months later and Sean was called into the office again and said 'your not what we're looking for' and we're giving you 3 weeks notice. Sean is deeply upset and doesn't know what to do?? What would your thoughts be on this - I am not asking for advice (just your opionio)

    Can he do anything at all? If he was there over a 12 month period Sean would have grounds for constructive dismissal due to various other issues.

    Can anyone offer their opinion about it issue? I am not seeking legal advice!

    Thanks so much and I am very sorry for the long post

    (Sean's very worried sister)


Comments

  • Registered Users, Registered Users 2 Posts: 6,584 ✭✭✭PCPhoto


    a friend of mine had a similar experience - her temp contract was extended and when that was up they said goodbye ....... in this current economic situation I think there isnt much you can do, even if you go the legal route - it will be a number of years (Min 2) before it gets to court and even at that you might win a couple of thousand ..... just a suggestion but you might be in a position to apply for a temp injunction to stop the firing....I'm really just throwing out whats in my head without working out stuff....... talk to a solicitor ask advice there would be the best option ....worst case the solicitor says you dont have a case and you know where you stand.

    best of luck with it.


  • Legal Moderators, Society & Culture Moderators Posts: 5,400 Mod ✭✭✭✭Maximilian


    Talk to a solicitor. You can't seek legal advice here.


This discussion has been closed.
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