Employer forcing me to reduce hours on medical grounds

Gillo

I'd appreciate a bit of advice on this on...

I've suffered from an ongoing illness for roughly the last three years for a while it went away but last summer came back, two of the symptoms or effects are that I can tire easily and my concentration isn't always the best. As you can imagine this can have an effect on my work, the tiredness isn't too bad as I have pretty good "sleep hygiene".
My employer is aware of my illness, although I have been put the first step of a disciplinary procedure due to a big drop in my performance. After christmas I was told they wanted me to go to the company doctor but not really given an exact reason why. I went to the doctor last week although it seemed to be a more of an occupational therapist's. She (the OC) told me I was referred due to performance issues, during the consultation I was asked literally nothing about my illness, just a few questions about my job however I did go into details about what I do to get better and not have a relapse. She told me she'd send the report to H.R. suggesting I be given an extra break and work a five day week for the next few weeks.

So at the start of this week I was told by my manager that, I was going to be put working part time (just working mornings and moved to a quieter branch. Now at this stage I'll point out that I am quite aware of my illness & how it effects me and I feel perfectly capable of working a full forty hour week, so really don't see and need to reduce my hours or get moved to a quieter branch. If they say I have to take the time off I suppose I won't have my choice.

Obviously I appreciate people opinions on this so far.

My main query though is regarding my pay;
1/ I'm in a sales role and commission plays an important part of my pay, so only having me work half my normal hours, at the quietest time of day and in a quieter branch. I'm obviously going to earn less commission. That's going to be my problem for the next while.
2/ I've checked my contract regarding remuneration and it says
"Your salary with effect from (dated I started) is €xxxx per annum paid on a monthly basis" it then goes on to mention performance based raises.
It then mentions my hours saying
"The working week is from Monday to Sunday. You will be required to work 5 days a week withing this period", it goes on to mention arrangements for the various working days and rota's.
The only hint at being paid an hourly rate are for over time where it says I'll be paid time and a half or for Sundays and public holidays double time.

My query is can my employer reduce my base salary, as I am paid a annual salary and not per hour, it is them making me work half my normal hours and I'd prefer to work the full forty.
Just to say I'm not looking to rip them off but I couldn't afford not to be paid my full salary.

Thanks in advance.

DI Dwyer

Gillo, I fully understand your situation. You should realy look for professional assistance so that you get advice based exactly on the the labour laws of Ireland. If you are a member of a union they will provide all the assistance you need FOC. Otherwise you may need to consult a solicitor who deals in labour law.... This is only my opinion...but it would seem to me you have a case for unfair if not wrongful treatment.

Good luck

LegacyUser

I would seek legal advice on this. If you are only working mornings for 5 days a week in a branch, your losing out on your wage and your other possible pay also.
You can't claim a part dole payment by working this way also.
Could I ask is the company looking to reduce staff at the moment?
The reason I would say this is because if you leave on your own accord you would not get redundancy. By changing your hours and branch the company could be trying to make you leave rather than pay you redundancy.

Eoin

DI Dwyer wrote: »

This is only my opinion...but it would seem to me you have a case for unfair if not wrongful treatment.

I know it's just your opinion, but nobody here can really make a call on that as it sounds like a complex issue. I don't think it's wise to advise people whether or not they might have a case.

I would agree with seeking advice from a legal professional or union rep though. It might also be worth while talking to your own doctor to see if he/she agrees that you're able to work a full week.

Gillo wrote:

My employer is aware of my illness, although I have been put the first step of a disciplinary procedure due to a big drop in my performance

Is your performance now back to where they expect it to be and with minimal risk of a relapse? I'm not sure how you are at the moment from your post.

I don't think this is really an issue about your contract; it looks more like if you're fit to work or not. You can be dismissed for not being able to do your job because of illness through the disciplinary procedures - but there are obviously other forms the procedures can take. For example demotion or (to quote from the LRC) ": Some other appropriate disciplinary action short of dismissal".