Am i being Bullied out of my job, help

sdy

Hi all, just looking for some imput. i have being working for this company since May this year. I never rec'd a contract or payslips etc. Last week i came across some emails from one manager to the other stating that i was late for work and leaving early. I left early last thursday to pick my son up from creche and i know by law i am entitled to force majeure. He also states in his mails that i'm not putting in the hours etc to warrant my weekly pay and that they could get someone to work for less, but all of this is not true as before all of this i was being complemented on my work from the other manager. I now face the problem of there being no money in the company account to pay me this week but no one has said anything. I just feel that he is making this stuff up as they cannot afford to pay wages etc.

Eoin

I think Force Majeure is more for crises than school runs. You are entitled to pay slips by law. If you're on a regular wage or salary, then you automatically have a contract with your employer.

The bad news is that you're there less than a year, so I think that you're still on probation as there is no contract that could specify a smaller time frame. This means that they don't need much of an excuse to let you go, especially if they're in financial difficulty. If you're on probation, then they can let you go and fill exactly the same role.

sdy

Hi eoin, sorry i should have stated that my little boy was sick and had to bring him home from the creche.

Nody

Sorry but I don't think you understand what a force majure is, here's the definition:

http://www.equality.ie/index.asp?docID=237 wrote:

An employee is entitled to leave with pay from his or her employment for urgent family reasons, owing to the injury or illness of any of the persons listed below.
a child or adoptive child of the employee;
the spouse of the employee, or a person with whom the employee is living as husband or wife;
a person to whom the employee is in loco parentis;
a brother or sister of the employee;
a parent or grandparent of the employee;
persons in a relationship of domestic dependency , including same-sex partners.
Entitlement to force majeure leave is limited to circumstances where the immediate presence of the employee, at the place where the ill or injured person is situated, is indispensable.
During an absence on force majeure leave an employee is regarded as being in the employment of the employer, and retains all of his or her employment rights.
Force majeure leave is paid leave. It cannot be treated as part of any other leave [s.14(5)] (e.g. sick leave, adoptive leave, maternity leave, annual leave or parental leave) to which the employee is entitled.

Secondly you have been in the company for less then a year; this means you have very limited protection and they can let you go for pretty much any reason under the sun (except the big seven).

Now not having enough money to pay some one is a very reasonable reason to make some one redundant because clearly the economy is not working. That don't in any way account as bullying and in fact of what you written I can't really find anything to construe bullying. Having you resign vs. them letting you go would cost them exactly as much money (the notice period) as well.

Kipperhell

Have to say it doesn't sound likely bullying. They aren't happy with you whether you agree or not. The big issue is they can just let you go without any explanation. They probably could get somebody cheaper now too. Sorry to be blunt but that is the situation.

maxwell smart

Another question they might have is how did you "come across" the emails?
Were they lying about on a desk?

Mr. Presentable

Sorry OP, but it doesn't sound illegal to me. However reading your manager's emails will certainly get you sacked. There is no Force Majeur in employment law, and what you did wouldn't qualify anyhow. Lastly, you are coming in late and leaving early (or you didn't dispute this) during your early employment, so you cannot expect protection.

Eoin

nipplenuts wrote: »

d. There is no Force Majeur in employment law, and what you did wouldn't qualify anyhow.

Not that it's a deciding factor, but what about this?

Force majeure leave

If you have a family crisis the Parental Leave Act, 1998 as amended by the Parental Leave (Amendment) Act 2006 (pdf) gives an employee a limited right to leave from work. This is known as force majeure leave. It arises where:

* For urgent family reasons the immediate presence of the employee is indispensable
* As a result of an injury to, or illness involving a close family member.

Mr. Presentable

Yes. It's time off work, not the right to leave whenever the mood strikes.

Sangre

You are entitled to a statement of your terms of employment. The statement of terms must include the following information:

* The full name of employer and employee
* The address of the employer
* The place of work
* The title of job or nature of work
* The date the employment started
* If the contract is temporary, the expected duration of the contract
* If the contract of employment is for a fixed term, the details
* The rate of pay or method of calculation of pay
* The pay reference period for the purposes of the National Minimum Wage Act, 2000
* *Pay intervals
* *Hours of work
* *Details of paid leave
* *Sick pay and pension (if any)
* *Period of notice to be given by employer or employee
* *Details of any collective agreements that may affect the employee’s terms of employment

This should have been given to you within 2 months of beginning your employment. A complaint can be taken to the labour relations commission if this is not provided.

I do not think the behaviour you described is bullying or harrassment as defined under either statute or caselaw. Also, separately, as an employee of less than 1 year you are not covered by the unfair dismissals act.

Yes, there is force majeure leave, it is set down in legislation. It is very much a recognised right. What are you basing your assertions on nippplenuts?

"(1)An employee shall be entitled to leave with pay from his or her employment, to be known and referred to in this Act as "force majeure leave", where, for urgent family reasons, owing to an injury to or the illness of a person specified in subsection (2), the immediate presence of the employee at the place where the person is, whether at his or her home or elsewhere, is indispensable."

A person specified includes the OPs son. A person is entitled to leave work if the above scenario occurs. They are entitled to 3 days in 12 consecutive months.

"A day on which an employee is absent from work on force majeure leave in an employment for part only of the period during which he or she is required to work in the employment on that day shall be deemed, for the purposes of subsection (4), to be one day of force majeure leave."

Force majeure includes leaving early but it counts as a whole day of force majeure.

Eoin

nipplenuts wrote: »

Yes. It's time off work, not the right to leave whenever the mood strikes.

Yes, but that's not the same as it not being in law. Again, I don't think it matters in this case anyway.

Mr. Presentable

Sangre wrote: »

You are entitled to a statement of your terms of employment. The statement of terms must include the following information:

* The full name of employer and employee
* The address of the employer
* The place of work
* The title of job or nature of work
* The date the employment started
* If the contract is temporary, the expected duration of the contract
* If the contract of employment is for a fixed term, the details
* The rate of pay or method of calculation of pay
* The pay reference period for the purposes of the National Minimum Wage Act, 2000
* *Pay intervals
* *Hours of work
* *Details of paid leave
* *Sick pay and pension (if any)
* *Period of notice to be given by employer or employee
* *Details of any collective agreements that may affect the employee’s terms of employment

This should have been given to you within 2 months of beginning your employment. A complaint can be taken to the labour relations commission if this is not provided.

I do not think the behaviour you described is bullying or harrassment as defined under either statute or caselaw. Also, separately, as an employee of less than 1 year you are not covered by the unfair dismissals act.

Yes, there is force majeure leave, it is set down in legislation. It is very much a recognised right. What are you basing your assertions on nippplenuts?

"(1)An employee shall be entitled to leave with pay from his or her employment, to be known and referred to in this Act as "force majeure leave", where, for urgent family reasons, owing to an injury to or the illness of a person specified in subsection (2), the immediate presence of the employee at the place where the person is, whether at his or her home or elsewhere, is indispensable."

A person specified includes the OPs son. A person is entitled to leave work if the above scenario occurs. They are entitled to 3 days in 12 consecutive months.

"A day on which an employee is absent from work on force majeure leave in an employment for part only of the period during which he or she is required to work in the employment on that day shall be deemed, for the purposes of subsection (4), to be one day of force majeure leave."

Force majeure includes leaving early but it counts as a whole day of force majeure.

I stand corrected. Kudos.

sdy

Hi all, thank you all for your input. In relation to the reading of the emails, my boss has given me authority to read his emails while on holidays. as for leaving the office when the mood takes me did not happen as my son was sick at creche and had no choice but to leave. As with being later for work or leaving early none of this happened, ever been late for work in my life. As with the content of the emails ok so it might not be bullying.

Eoin

I'm sorry that you're having problems - but the thing to remember is that they don't need to bully you out. As you're less than a year there, they can let you go very easily. All I can suggest is that you try and talk to your manager about how to improve your relationship / his perception of you.

If they are just saying these things because of financial problems, then it's even easier to let you go and there isn't much you can do from a legal point of view.

Kipperhell

sdy wrote: »

Hi all, thank you all for your input. In relation to the reading of the emails, my boss has given me authority to read his emails while on holidays... As with the content of the emails ok so it might not be bullying.

It doesn't sound like your boss would give you permission to read all his e-mails just ones that would come in while he is away. It doesn't sound like the e-mails you mentioned came in but rather were on his computer. Big difference between saying check my e-mails while I'm away to you can root through my e-mails while I am not here! Foolish on his part but it doesn't sound like you had any permission to do what you did and it sounds like you gave in to temptation.

From what you have described there is no "might" about it, just simply not bullying.

mcaul

How do you know there is no money in the account? - Do they have an overdraft? or maybe the bank will allow an excess for a temporary time?

Until such a time the payment is not made, you cannot make any assumption.

During the first year of employment you can be made redundant without real reason by the company simply saying that "You are not suitable for the position in which you were employed" and providing one weeks notice.

If its a company that does things shabbily, then maybe you're better off out of there, otherwise you can request a meeting with the employer / your manager to discuss your concerns.

The Hill Billy

sdy wrote: »

In relation to the reading of the emails, my boss has given me authority to read his emails while on holidays.

I'd imagine that your boss has given you the authority to read new incoming emails to ensure that these are being actioned in his/her absence. I doubt very much that he/she would be pleased to know that you are reading through old emails out of nosiness.