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Constructive Dismissal?

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  • 30-12-2010 1:51pm
    #1
    Kid Curry
    Closed Accounts Posts: 70 ✭✭


    My wife has been asked to act as mediator in her job between employer and employee. The reason she was asked is because she is relatively new to the position and would be considered unbiased by both parties. It's now starting to get a bit messy and there's talk of constructive dismissal which in my humble opinion, the employee has a valid case which is:

    They've been with employer for about 5 years in a professional services firm. They were put on to a 3 day week in early 2010, at that time had a "chat" with the emplyer about future etc and was told that there was no long term position as its a small firm and they have a snr position and that could be done by younger less qualified member of staff for a lower salary (makes sense).

    However, during the year the employee worked extra days due to extra compliance work (i.e. non billable work) and was never paid, raised this with employer and never received a reply. During another very busy period the employee called in sick two days (with dr note) and received a text that they would have to work sat and sun to make up for the two days missed. The employer docked 2 days pay but later reinstated them when it was pointed out that the employee had worked over a month with no extra pay.

    The whole time this is going on the employee one other member of staff who also turns out to be the potential replacement have not been paid their full months salary every month and received their pay in drips and drabs. The employee was also sent quite a nasty/wishy washy letter about internet usage and invoicing targets which was quite bizarre as the position does not have targets as it's not sales position but a compliance one. Apparently, they've also also received a few text messages in the evenings about looking for another job and as recently as this month has again not been paid their full salary.

    The employers side to me seem quite wishy washy with only this letter that was sent earlier in the year about internet usage and targets.

    What I was saying to my wife was that if I was her I would advise the employer to make a redundancy offer or they could potentially end up in an EAT but I thought I would run it by this forum first.

    Any thoughts?


Comments

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    #2
    tatli_lokma
    Registered Users Posts: 3,332 ✭✭✭tatli_lokma


    my thoughts are that you should not be posting on an open forum a private mediation matter your wife is involved in....
    if the employee or employer were to see this and put two and two together and realise where this info came from it would not be good for your wife and she would be the one looking for advice on looking for a new job!
    seriously, your wife took on the role of mediator and all that involves - including I would imagine confidentiality and impartiality. discussing the issue with you and then you discussing the issue on an open forum is not a good idea so I would suggest you ask mods to remove your post or else if I were you I would snip your post and leave it to the parties actually involved to sort out.


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