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Constructive/ Unfair dismissal advice pls

  • 04-12-2011 5:03pm
    #1
    Closed Accounts Posts: 1


    Hope someone can help.

    I have applied for a job that is a level above the one I have now. It's a new Title but effectively the same job as I have been doing for the past 3 years and my boss told me they had to create the new role and that I would get the job but they had to go thorugh a formal process.

    So he asked me to write the job spec and the job was posted internally.
    The boss who told me I'd get the job 2 months ago has now left(before I was interviewed).

    They also conducted an external search. The process was handled very badly and has taken a long time.

    I applied and was interviewed. They also interviewed other people. Now the job is being offerred to another person and I have been told I was not successful.

    Is there anything I can do. I feel I am being pushed out and being victimised. I am with the company 15 years and they are a very large employer with Irish and international presence in the engineering sector.

    I am feeling extrelemy stresed and getting more and more depressed about the situation. The role they are asking me to do is way below my level and not at all challenging.

    Sounds like they are constructively dismissing me. What are the do's and don'ts in my situation. Should I go sick, or go into my job and not co-operate with the new person who has got the role.

    Any help appreciated.


Comments

  • Registered Users, Registered Users 2 Posts: 20,397 ✭✭✭✭FreudianSlippers


    hf_41 wrote: »
    Hope someone can help.

    I have applied for a job that is a level above the one I have now. It's a new Title but effectively the same job as I have been doing for the past 3 years and my boss told me they had to create the new role and that I would get the job but they had to go thorugh a formal process.

    So he asked me to write the job spec and the job was posted internally.
    The boss who told me I'd get the job 2 months ago has now left(before I was interviewed).

    They also conducted an external search. The process was handled very badly and has taken a long time.

    I applied and was interviewed. They also interviewed other people. Now the job is being offerred to another person and I have been told I was not successful.

    Is there anything I can do. I feel I am being pushed out and being victimised. I am with the company 15 years and they are a very large employer with Irish and international presence in the engineering sector.

    I am feeling extrelemy stresed and getting more and more depressed about the situation. The role they are asking me to do is way below my level and not at all challenging.

    Sounds like they are constructively dismissing me. What are the do's and don'ts in my situation. Should I go sick, or go into my job and not co-operate with the new person who has got the role.

    Any help appreciated.
    You need a solicitor. I'm going to leave this thread open so people can give some insight into constructive dismissal as a concept but no specific advice please.


  • Banned (with Prison Access) Posts: 370 ✭✭bath handle


    Constructive dismissal is extremely difficult to establish. The employee has to show that conditions were so intolerable that there was no option but to resign.
    Your employers sound as if they want rid of you. They have set about shafting you in a very devious way. The stress you are suffering will make you under-perform. You will be easy meat for an axe wielding manager. It is time to look for another job with a different employer. You probably need a doctor as much a solicitor at this stage. You are being set up for bullying and diligent recording of everything is essential.


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