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Help with employmentrights

  • 06-02-2010 1:57pm
    #1
    Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭


    Ok, basically a crap situation has come up at work, and I'm pretty sure I'm gonna be out of a job in a few weeks.
    I am a full time student, working 2-3 shifts a week in a job I enjoy.
    However, recently the part time guy who started after me has been terminated as the boss hired some polish guy he says kept coming in looking for work that he 'got chatting to'. His reasoning to me was that he needs someone to cover a few weeks of holidays and the guy who just got fired wasn't available enough, while the new guy wants 'lots of hours' so he sacked him rather than have his hours dwindle away to nothings.
    Thing is, I have less hours than I can cover at the mo, and the other full-time guy at my job has been asking for more hours so it didn't make sense to hire one full time guy, fire a part time one and have less hours for everyone.
    To cut a long story short, there's a few other fishy things about what the 3 of us were told, and we reckon this is a mate of the managers. Now, I know they need me for holiday cover for about 3 weeks, but after that I really don't see how all of us are going to fit on the rota, so I'm 99% sure I'm getting my marching orders, despite having done nothing wrong.
    What I want to know is at what point am I a part-time worker as opposed to casual, and how much trouble could I make for my employer? (I'd rather not but I have to protect myself)
    I work regularly, but varying hours throughout the week, but never received a written contract or statement of employment.
    I have requested one but it never appeared, primarily I think because they can't afford to have staff on to cover breaks, so you don't actually get a break away from the place (generally only one staff member in building),but you can't put break entitlements in a contract and then not give them.
    Should I get the weeks notice, or can they make out I was a casual worker and give me the heave-ho? I've been there 6 months.

    God, this is depressing, I like my job and there's no others out there :(


Comments

  • Registered Users, Registered Users 2 Posts: 1,909 ✭✭✭Agent J


    Once you have been somewhere 3 months you have a certain degree of rights.

    You also have an implied contract after that time even if a phyiscal contract doesnt exist. You are entitled to one, the employer cannot get one around employees by stalling them.

    Short answer, They have to give you the weeks notice and pay you any holiday time you would have built up over that time.

    Make sure to keep any payslips you have gotten safe. You make need them as proof if you need to take action further.


    Here check out the spefics in this site
    http://www.employmentrights.ie/en/informationforemployees/whataremyrights/


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