Broke my leg, now Im better, job has no hours

calfmuscle

Hiya guys, I was just looking for some advice relating to my job situation.

I am employed on a part time casual contract in a large hotel, I have been there just over 12 months now. In February I broke my leg and informed them I couldnt work for 5 weeks (I work in the bar mainly serving food so obviously its impossible to do on crutches.) They said this was fine and told me just to drop a sick note into HR which I did.

So I rang my manager last week and told him I could start back. He informed me that they had taken on 3 new staff and that to give me hours he would have to take hours away from them and that he would ring me next week.
The rota went up on Thursday and I am not on it and I have not heard from him.

I know that since the JLC agreements where scrapped the hotel has dropped its pay to minimum wage for new staff. Meaning the 3 new staff are on less money than me.

I have a feeling I wont be getting any more hours there and I was wondering can they do that??

Thanks for taking the time to read and sorry for the long post!

Corruptedmorals

I think it would depend on the definition of casual contract- does this mean that there are periods or weeks of the year when you don't work? Does the contract say anything about hours each week? I'd get onto NERA in the morning with as many contract details as you can. If it comes to it and you get your p45, you have full rights because you've worked there for over a year and can pursue unfair dismissal. I am not sure what will happen if you are held in limbo with no hours but not dismissed- though obviously in that situation you would have to leave, but that is being forced to- constructive dismissal. Foolish thing for any employer to consider either way.

calfmuscle

Thanks for the reply!

If I remember correctly my contract says the company will try to always give you at least 8 hours a week. But in truth they normally hire very few staff and make them work as many hours as possible. I think its to keep the PRSI costs down. There has never been a week where they have not had hours for me before this. In the busy periods we regularly work 6 days a week.

The casual contract thing is a bit of a farce as all the staff are hired on a casual basis regardless of weather they work full time, part time or the length of employment.

To be honest I wouldn't really mind if I thought they genuinely had no hours, but I feel like they have been trying to get rid of the people on old contract's who are paid more.

wmpdd3

Right so it looks like you are on an 8hr contract, really they have to give you min 8hrs per week, or pay you. Were you there 12 months when you broke you leg or now when you want to go back? I'd drop a note to you manager saying you are better and able to work YOUR 8HR CONTRACT again and just see what answer you get. If they say there's no hours for you tell them you'll need your p45 and a letter for the social welfare explaining why there's no hours for you. in reality the only way your goinng to get anywhere if they do let you go is to go to down to legal route. Have you even been in trouble? Are there any black marks in your file?

calfmuscle

Thanks for the reply!

I broke my leg on the 22 of Feb and was with the company 1 year as of the 28th of March.

I have no warnings, I also had my annual review in January and was either satisfactory, good or excellent in every area.

The company where putting pressure on me to work more hours before I broke the leg but I am in my final year of a degree and was resisting although I had told them I would be happy to work more hours in the summer after exams.
Now that I think about it there are only 3 people left in my department that are on the old contracts, everybody has been replaced bar me and 2 others, one of which is leaving at the end of May

***I was just speaking to a friend of mine who was on the same contract as me she said the contract states "the company will endeavour to provide you with 8 hours a week"