unfair dismissal

slappywags

hi guys,
my job which i've had for 7 months cut my hours from 35+ to 11 without any notice, so in a panic due to bills and rent etc i went looking for another part time job to cover the loss of hours. i actually managed to find one yay!, but when i informed my original job they fired me! saying and i quote you cant work for two different company's at the same time im not gonna go through the trouble of sorting out your tax and prsi for you, its too much hassle. is that even legal? i was given no notice either, im really upset and annoyed by this i worked hard there, doing extra hours etc when they needed me and i made some good friends there. can i bring him to court or anything? any help would be great

Dohnny Jepp

As far as I know, because you're there under a year, they can let you go at any time.

I could be wrong though.

Nody

Few things here:

1) Unfair dismissal - below 1 year you're position is greatly weakened so no case there from what you've said since it is not the big six (race, religion etc.) that was the reason you was let go

2) Working two jobs - Once again many companies have rules against this or require permission to allow it

3) No notice - They can ask you to leave directly but have to pay the notice period of your contract

slappywags

thanks for the replies guys,
i doubt they will compensate me for not working my weeks notice
also this company has employees that work two different jobs at the same time, but these employees are family members........
so how come they are allowed to but i can't!
something dodgy going on in that company i think.
i just wish i could do something about it, to be fired like that, treated so disrespectfully when ive done nothing wrong.
could i make a complain to the rights commissioner?
can i complain anywhere?

Mrs OBumble

Complain to your TD about the length of the probation period.

Clauric

Interesting situation that the OP raises.

In the first instance, it is unfair (in the literal sense) to fire the employee if they have 2 jobs (I've had 3 going at one time with no problem). As you were there 7 months, then the Unfair Dismissals Act does not apply, as you were not fired due to the "Big 9".

However, when I looked at your posting again, I had a thought. Under the law, you cannot be fired because of an association with another person or company (Freedom of Association). The only exception to that would be if the other company you secured employment with was a direct competitor of the first company. If it was not, you might have a case (but as it would have to be heard in the High Court, it would be expensive, and even if you won, it could be a Pyrrhic victory).

I would suggest that you contact NERA as soon as possible, as they would be in the best position to advise you on the matter.

lady of the flowers

hey while it's true that unfair dismissal legislation needs one yr service under the industrial realtions act you can claim unfair dismissal (eg. no warnings etc) You complain to the rights commisioner and under the organisation of working time act they have to pay minimum notice, owed holidays and for a public holiday(s) that immediately follow dismissal (maybe 4weeks...not sure) NERA will inform you no problem about the pay entitlements however they may not mention the industrail relations act I find the info provided varies greatly depending on who answers the ph. Have no idea if people are usually successful under this legislation but a claim must be made within 6mths... entemp.ie/lrc.ie/citizens advice webpage and siptu pages all useful (and they also offer free appointments in citizens advice centres with soliciters) good luck

Eoin

Clauric wrote: »

Interesting situation that the OP raises.

In the first instance, it is unfair (in the literal sense) to fire the employee if they have 2 jobs (I've had 3 going at one time with no problem). As you were there 7 months, then the Unfair Dismissals Act does not apply, as you were not fired due to the "Big 9".

In some cases they do have a right to do that, especially if the second job means that you exceed the amount of hours that you are allowed to work in a week. Doesn't sound like this applies here though.

slappywags wrote:

i was given no notice either

slappywags wrote:

i doubt they will compensate me for not working my weeks notice

To clarify, did you choose to not work your notice period, or did they just fire you on the spot and send you home? If it's the latter, then they have effectively put you on "garden leave" - which is when you're asked to leave immediately but must be paid as usual for the duration of your notice period.