Is she breaching employment rights?

biothac

My friend has been working for a small company for the last few years, and like most other places nowadays, things are on a downward spiral. So much so, that they've had their days and wages reduced by almost 50% in the last year.
Two people have left recently, and there was hope that the hours may be shared between the remaining staff. However the boss in her infinite wisdom has on the quiet reinstated the hours of one person (my friend found out by accident) and hired a new fulltime member of staff.

My friend is incredibly upset by this. She has a young family and is struggling to make ends meet. She doesn't feel like she can look for another job as she has to keep paying the bills. I advised her to ask citizens' information about her rights, and also to get in touch with a union to see if there's anything they can do, but she won't because she doesn't trust what her boss will do if she found out.

Has anyone out there experience of this, or any advice? What are her rights, if any, in this situation?

Thanks

bbam

I wouldn't say any employment rights have been breached, it may be bad form but I dojn't think any wrong is being done..

gerrycollins

if she is not already a member of a union then they wont even talk to her.

there is nothing wrong with what was done however your moral stance on the matter.

your friend can look for other work while still employed in her current position there is nothing to stop her.

has she approached management and asked for extra hours if available?

biothac

It was only when I opened this thread again that I realised that I titled this thread wrongly! In hindsight, she hasn't breached rights, but you're right bbam, it's very bad form.

No gerry, she hasn't asked for extra hours, she feels so disheartened and depressed by the whole thing. That and the fact that the boss keeps telling her and the other employees that they might not have a job after Christmas, and yet seems to be off once a month on a sun holiday.

My thoughts today were - if my friend joined the union, would the boss be able to do anything about it? To the best of my knowledge, it's not mentioned in her contract as something that can't be done.

Thanks for your help!

Kristopherus

If she joined a union today, her boss could not do anything about it. Its an employees right to join a union if they so wish. On the other hand, the union will be of no help to your friend, because the Employer has done nothing unlawful.

biothac

Thanks Kristopherus. I will advise her of that.
She is worried that her joining a union would lead to her losing her job. If it did (and it would only be because of the union, there are no other underlying issues), would that be considered unfair dismissal?

skyline1515

if your friend joins a trade union, the fee can be taken from her bank account monthly, so her employers will not know she has joined.. i have mine set up that way

biothac

skyline1515 wrote: »

if your friend joins a trade union, the fee can be taken from her bank account monthly, so her employers will not know she has joined.. i have mine set up that way

That's a great idea! I would never have thought of that.

I was talking to her tonight and I passed on all the advice. She greatly appreciates everybody's help, as do I.

gerrycollins

joining a union is pants as her employer does not have to deal with them. Waste of time in my opnion and to be honest from a personal experience unions will not entertain her.

wmpdd3

It is crap what the employer has done, esp because they are probably not even making much of a saving on payroll as your friend has taken a reduction in wages.

I'd advise your friend to put it in writing to her employer that she is willing to work full time hours but that she understands that only part time hours are available at the moment due to the current climate.

She may think its implied but it's better to have this in writing especially if she ends up getting redundancy.

D.McC

gerrycollins wrote: »

if she is not already a member of a union then they wont even talk to her.

This is something only an employer would claim! All to often an employer would prefer their employees to be mushrooms – kept in the dark and fed on sh!t (apologies GC if this is not the case with you)

The unions suffered a huge decline in numbers during the boom years and now will bend over backwards to help people, even if they are not members.

biothac wrote: »

Thanks Kristopherus. I will advise her of that.
She is worried that her joining a union would lead to her losing her job. If it did (and it would only be because of the union, there are no other underlying issues), would that be considered unfair dismissal?

Cut & dried..

gerrycollins wrote: »

joining a union is pants as her employer does not have to deal with them. Waste of time in my opnion and to be honest from a personal experience unions will not entertain her.

You’re right! But it would be better in the long term if the employer did. Any action taking by the Union through the Labour Court is enforceable by law.

Talking to the Union before it gets to court would save €€€€’s in the long run



The first thing to ask your friend is what it says in her contract regarding her hours. Your friend’s employer can justify any reduction in hours by claiming it was required to keep the business afloat.

The hiring of the new full time member of staff can only be justified by her employer if this person performs a job or task that no one else in the company is qualified to do.

So providing the contact states the minimum amount of hours your friend is required to work and the new person does the same or like work your friend does, then they may be able to take action.

Also, is your friend employed longer than the employee who had their hours reinstated?

The likes of the Rights Commissioner and the Labour Court put a lot of weight behind the idea of natural justice.

In this case, natural justice would mean if your friend was more senior than the other, then their hours should be reinstated before less senior staff. (senior = time with employer)

IMO, the employee would had their hours reinstated approached the employer and asked why their contracted hours can still be reduced, after the departure of two staff, and maybe reminded the employer of their contractual obligations.