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Advice needed- not getting expenses pay

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  • 05-04-2011 10:45am
    #1
    new driver
    Closed Accounts Posts: 6 ✭


    Hi,

    Would really appreciate any advice on this situation. My boyfriend started working on a short term contract for a company 2 weeks ago. His contract states that he gets €325 per week. Later on in the contract there is a paragraph on expenses which states that the employee gets €12.50 per day for each day worked away from company premises. My boyfriend is not working at the company premises and the site where he works is defined as his place of work on the contract. Now just yesterday they turned around and told him he wouldn't actually be getting the expenses, just the 325 per week. they said the expenses are only for permanent staff. I don't see how they can get away with this as there is nothing about them only being for permanent staff on the contract.

    To put this in context I should point out that I was working in a similar capacity (short term contract, off company premises) for the same company before christmas. My contract was exactly the same but I WAS getting the expenses. It seems to me like they've decided to cut costs but made the mistake of not actually changing the contract.

    He's spoken to the HR manager who basically didn't want to know, she just asked him if he wanted to leave. Obviously a job is a job but i think the behaviour of the company is disgraceful and I just don't see how they can get away with it. He's in a very awkward position, he moved from Cork to Dublin for this job and with the increased rent expenses he wouldn't have taken it if he'd know about the wages.

    Does anyone know if there's a way to make the company pay what's in the contract? Also he's considering just walking off but will this make it difficult if he needs to go back on the dole?


Comments

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    #2
    iMax
    Closed Accounts Posts: 3,489 ✭✭✭iMax


    He shouldn't just walk off as this would result in not being able to claim JSB.

    If it's in his contract & they signed it, legally they have to pay it. Check it out with neri & let them know that you're checking it out (companies hate neri).

    However, it will make things extremely difficult for him in the future, he'll get all the ****ty jobs & they'll be going over his work (inc to date) with a fine toothcomb looking for a reason to let him go.


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    #3
    Milk & Honey
    Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    It could be tricky. Expenses are usually paid when an employee is away from his normal place of work. If that site is his place of work then there would be no entitlement to expenses. He can sue in the District Court for the money he is owed. That may be costly. If he is going to give up the job, it is better agree it with the company that he took the job under a mistake and get a letter saying that the contract has been terminated.


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    #4
    Pineapple stu
    Registered Users Posts: 1,677 ✭✭✭Pineapple stu


    The expenses should be for time worked away from home base and should be paid to both temporary and appointed permanent staff. It sounds like the company is trying to pull a fast one and using the threat of losing his job to back it up.

    It doesnt make sense in saying that he doesnt get the expenses because he is at his place of work when away from base as he would never get the expenses if thats the case no matter how far away he was working .

    Give the Labour court a ring .


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