I'm probably snookered but....(Part time job rights)

AnimalRights

I've worked delivering Chinese food in the one shop for 13 years (2-3 nights) and have been legit since about 2002, I was sacked over the phone today for not going to work on the Thursday just gone but did have a work mate to cover for me which we tend to do for each other.
The problem I have is that the present people took over the rent/lease only in April, it's probably looking bleak for me but have I any rights at all?
Was I even entitled to any notice lol? (I had been due in tomorrow night!)

uberwolf

I don't know specifically. But you were legit - so you were getting a payslip?

Did your employer change as such? Is it a company or individuals?

AnimalRights

No payslip but I was losing 2 days dole money...I was handing in yellow dockets etc
Employer took over in April and they pay a rent to the leaseholder who in turns pays rent to the building owner!

Sleepy

If they've not been giving you payslips they're in violation of employment law themselves. I'm also pretty sure that there must be a disciplinary structure in place regarding employees (e.g. verbal warning, written warning, P45) etc.

Link to part-time workers rights: http://www.citizensinformation.ie/categories/employment/types-of-employment/part-time-employment

You may not be able to save the job but there could be enough there to settle a "redundancy payment" with the company in exchange for you not reporting them for the laws they're breaking

AnimalRights

Thanks Sleepy.
The boss that let me go is there later on tonight so I've jotted down a few things from the Employment rights b4 I head down, It won't make a diff but I'll enjoy watching them squirm and be nervous anyway, they had the health people in a few weeks back and it cost them a fortune, the last thing they want is more "state people" poking their nose in.
I worked 16 hours in total every Tuesday and Thursday night so would I be classed as casual or Part time?

uberwolf

part time from my reading of it. But TBH, given there are probably no 'full time' drivers in the place, you might even consider yourself full time

AnimalRights

Went down late last night and the Chef (who is like a manager) said it was because I didn't do a 2 hour shift which in fairness there was some confusion and guess I'm to blame but still no warning has left a bad taste in my mouth.
I was fobbed off last night when I said "so what's happening" and he replied with he'll check with the Chinese couple boss, I've seen them do this to a previous driver.....I will def find out later today and have my reference almost made up ready for someone to sign from there and then that's when I will say I'm bringing them for unfair dismissal and mention the Rights Commissioner etc
Also the No wage slips.
It's not about money but the way I was treated, the Sunday b4 I had covered for a driver on holiday.

the_syco

AnimalRights wrote: »

The problem I have is that the present people took over the rent/lease only in April, it's probably looking bleak for me but have I any rights at all?

They took over the place... and did they keep on all the staff? I vaguely remember something about if a company takes over another company, including the staff, the contracts get transferred.

Now, this is important, as if you're there a year, even with no contract as such, the general rule (I've seen this pop up here before. Do a search for a dentist assistant thread) is that the hours will be a contract, more or less.

Now, getting back to the 1st point, if the 2nd point is true, then you have a contract of sorts, and can get them for unfair dismissal. Oh, and you were there for 7 years, not 13 years, in the eyes of Revenue, so be carefull what you say in that regard.