Manipulative employer

spiderbeast

My Brazilian friend is being taking for a ride by his boss. He works in a pub in Dublin. He is meant to be paid weekly but his boss is not consistent with pay. He might go 3 weeks without pay. This guy purposely does not hire Irish people, only foreign people.

My friend is determined to leave and find a new job but he feels that if he leaves he will not get the money owed to him.

What should he do? He's been to the Guards but they were no help.

Any advice would be appreciated.

limklad

spiderbeast wrote: »

My Brazilian friend is being taking for a ride by his boss. He works in a pub in Dublin. He is meant to be paid weekly but his boss is not consistent with pay. He might go 3 weeks without pay. This guy purposely does not hire Irish people, only foreign people.

My friend is determined to leave and find a new job but he feels that if he leaves he will not get the money owed to him.

What should he do? He's been to the Guards but they were no help.

Any advice would be appreciated.

I hope your friend has been taking records of his employer missing pay and keeping his payslips and when he is been paid.
Your friend need to demand from his employer his pay for work done.

If the employer refuses then he can contact a solicitor or the rights commissioner and get advice there and if possible go to court.

I highly suggest that your friend continue to try and get work elsewhere as soon as possible and it could also be a sign that the business is in trouble or the boss will continue to do this since his/her belief that they can abuse non-nationals and get away with it. Either way that boss needs to be reported. The Boss may or may not be paying employee PRSI etc to the Revenue Commissioners that is deducted from employees wages as well, which may affect future social welfare payments.

Be very wary of continuing to work for this type of person.

read up here on your friend next steps
http://www.citizensinformation.ie/categories/employment/enforcement-and-redress/rights_commissioner

Payment of Wages
http://www.citizensinformationboard.ie/publications/providers/booklets/entitlements_employmentrights/publications_entitlements_employmentrights7.html

When a complaint is made to the Rights Commissioner Service, it will allocate the case to one of the commissioners. The hearings are informal and are held in private, except for hearings under the Payment of Wages Act, which are held in public, unless the Rights Commissioner decides otherwise. In practice, however, members of the public do not attend such hearings.


How to apply

A written notice of complaint must be presented within six months of the date of the alleged breach of the Act. The time limit for submitting a complaint may be extended by a further 12 months if the Rights Commissioner is satisfied that the failure to present the complaint within the normal six-month period was due to reasonable cause.
There is further information and application forms on the Rights Commissioner Service website. The forms are available from the Rights Commissioner Service or from the National Employment Rights Authority.
For further information on your employment rights contact the Information Services of the National Employment Rights Authority.

Dept.:
The Labour Relations Commission

Tom Johnson House
Haddington Road
Dublin 4
IRELAND
Tel: +353 (0)1 613 6700
Locall: 1890 220 227 (outside 01 area)
Fax: +353 (0)1 613 6701
Homepage: http://www.lrc.ie/docs/Rights_Commissioner_Service_-_Information_about_the_service/234.htm
Email: rightscomm@lrc.ie


National Employment Rights Authority
Enforcing your rights

An employee may request an inspector from the National Employment Rights Authority (NERA) to investigate a claim that the national minimum wage is not being paid. Inspectors have powers to enter places of work and examine records and do not reveal, without the consent of the person making the complaint, whether the inspection is a routine one or the result of a complaint.



National Employment Rights Authority

Dept.:
Information Services

Government Buildings
O'Brien Road
Co. Carlow
IRELAND
Opening Hours:
Mon. to Fri. 9.30am to 5pm
Tel: (059) 917 8990
Locall: 1890 80 80 90
Homepage: http://www.employmentrights.ie
Email: info@employmentrights.ie
Wheelchair Access:

Hope this helps

spiderbeast

Thanks so much for your advice!

By the way he does get a payslip but the money wasn't going into his account though.

Delancey

spiderbeast wrote: »

Thanks so much for your advice!

By the way he does get a payslip but the money wasn't going into his account though.

In that case your friend should also retain bank statements that show no money going into his account.
I should add that in fairness to the Gardai this is an issue well outside their jurisdiction/expertise.