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Notice Question

  • 07-03-2012 10:08am
    #1
    No_Deal
    Registered Users, Registered Users 2 Posts: 92 ✭✭


    Bump.

    Looking for advice lads.

    My sister works in a newly opened creche. Has been working there for the past 8 months. She essentially runs it on a day to day basis as she is the only person with the required qualifications. She does gets assistance from another girl for a few hours a day while the owner is little to no help.

    Over these 8 months my sister has approached the owner over a number of issues including her own pay but more often with suggestions as to improve the creche overall - without success. A few weeks ago the creche took on another few kids and my sister is constantly stressed and overworked.

    As a result she has been looking at alternative job opportunites and got a phone call last week the upshot of which she was asked could she come in for a trial day.

    She was upfront with the owner and told her she would like to see what the other place is like and asked to take last Friday off which she did.

    She did the trail day and got a phonecall yesterday morning offered the job.

    During the course of the phone conversation with her prospective new employer he worked out that given her days worked/holidays etc that a weeks notice was sufficient.

    However when she approached her current employer today she was told that her contract states two weeks notice be given.

    Thing is over the course of the past 8 months my sister has neither been given or signed any contract - but a contract does exist on file?

    Her new employer is keen on her to start ASAP and while my sister wouldn't necessarily lose any sleep if she didn't receive a reference from her current employer, she would like to leave on good terms.


    Advice please.


Comments

  • #2
    seamus
    Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    Strictly speaking the law doesn't require your sister to have signed an employment contract, but it does require that she was given a copy of it.

    She wasn't given a copy of it, therefore it doesn't apply. You can't be held to a contract which you haven't seen.

    She has been working there between 13 weeks and two years; a one-week notice period applies.


  • #3
    Eoin
    Registered Users, Registered Users 2 Posts: 21,263 ✭✭✭✭Eoin


    moved to new thread.


  • #4
    No_Deal
    Registered Users, Registered Users 2 Posts: 92 ✭✭No_Deal


    seamus wrote: »
    Strictly speaking the law doesn't require your sister to have signed an employment contract, but it does require that she was given a copy of it.

    She wasn't given a copy of it, therefore it doesn't apply. You can't be held to a contract which you haven't seen.

    She has been working there between 13 weeks and two years; a one-week notice period applies.

    That's what I was thinking - isn't it something like within 3 months of taking up employment she must be given a contract of employment?

    Thanks for your advice.


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