Boss refusing to pay my week in hand and holiday pay.

breanach

Hi peeps

Ok had been working for a crowd 13 weeks exactly and I handed in my notice the other day effective immediately because it was a complete joke the boss kept threating me with my job saying id be gone if i didnt do this and that,I finished the next day, now when I was leaving i knew that I would have problems getting my money from them, and low and behold they are refusing to pay me, my week in hand and my holiday pay.

And they are saying that I damaged company property and want me to pay for the damage that I did not cause.

Also while I was with them I never received a pay slip and didn't receive a contract with in the stated time allowed by law, and when I did get it all it had was what they wanted from me not what I was entitled to 6 lines on a page.

I guess what I want to know is can they hold my money and can they even though I didn't damage the property do me for that also?
I didn't have it in my contract that I would be liable to any company property should it get damaged???

Thanks in advance


B

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Go to the Human resource manager talk with him. If he can't clear it up go to your shop steward of the trade union. Basically if it goes to the labour relations court your boss will be fcuked and probably have to give your 2 years pay for constructive dismissal.

Kristopherus

Not at all sure if you are correct there, Declan. Afaik an employee has no rights unless they have more than 13 weeks continuous employment.

Mervin J Minky

The same thing happen to me a few year ago. I worked for a construction company without a contract and they refused to pay me after a couple of months work and when I went looking for my money they told me that they believed I stole equipment and that I was entitled to nothing.

I brought them to the Labour Relations Commission and even though I won the decision my ex employers still refused to pay me.

I was advised to bring the matter to the Circuit Court to obtain an affidavit for the Dublin County Sheriff to get my money from my ex employer.

I got two-thirds of my money in the end but it took me 16 months in total and cost me a few quid in legal fees, nothing much, maybe around €150 in court stamp duty and solicitors letters and signatures.

Don't let this employer get away with this! There are far too many rouge employers in this country that will try to exploit employees at every given opportunity! There are laws is place to stop this so use them to your advantage!

breanach

Kristopherus wrote: »

Not at all sure if you are correct there, Declan. Afaik an employee has no rights unless they have more than 13 weeks continuous employment.

Thanks but,
I've read up on this and I'm entitled to the same as every one else I'm aware if your not perm that you don't have much rights, but I do know from the rights commision website they can't hold back pay at all unless i have agreed in writing they can make a deduction. They also have to give me a pay slip and a contract by law and not a one sided one like I received he certainly can't treatin me with dismissal over a dispute,,I might seek legal advise on it

Thanks any more advise will appreciated!

B

breanach

Mervin J Minky wrote: »

The same thing happen to me a few year ago. I worked for a construction company without a contract and they refused to pay me after a couple of months work and when I went looking for my money they told me that they believed I stole equipment and that I was entitled to nothing.

I brought them to the Labour Relations Commission and even though I won the decision my ex employers still refused to pay me.

I was advised to bring the matter to the Circuit Court to obtain an affidavit for the Dublin County Sheriff to get my money from my ex employer.

I got two-thirds of my money in the end but it took me 16 months in total and cost me a few quid in legal fees, nothing much, maybe around €150 in court stamp duty and solicitors letters and signatures.

Don't let this employer get away with this! There are far too many rouge employers in this country that will try to exploit employees at every given opportunity! There are laws is place to stop this so use them to your advantage!

Thanks mervin

The one thing hes not going to get away with is screwing me over i will get what I'm owed.
@ and hes used to bullying people but not this time not to me.

To the first poster it's a very small company no hr so I can't do anything that way

Thank


B

smithcity

breanach wrote: »

...I handed in my notice the other day effective immediately because it was a complete joke the boss kept threating me with my job saying id be gone if i didnt do this and that,I finished the next day...

Sorry if I'm misinterpreting this but are you saying that you only gave one day of notice?
If so, they may have grounds for withholding money.

breanach

smithcity wrote: »

breanach wrote: »

...I handed in my notice the other day effective immediately because it was a complete joke the boss kept threating me with my job saying id be gone if i didnt do this and that,I finished the next day...

Sorry if I'm misinterpreting this but are you saying that you only gave one day of notice?
If so, they may have grounds for withholding money.

Yeah this is true but they are withholding holiday pay also which they cannot do, also I didn't have terms of employment stating that I had to give notice, the line regarding this is you have to give one weeks notice if you are working 13wks. (which i was but literly i worked for them for 13 wks) this doesn't mean they can keep any money I've earned!????

Unless stated in TACOE!!!!!????


Thanks


B

Milk & Honey

Kristopherus wrote: »

Not at all sure if you are correct there, Declan. Afaik an employee has no rights unless they have more than 13 weeks continuous employment.

Not correct. There is a right to written notice of terms of employment within 4 weeks of starting. There is a right to pay. There is a right to payslips and safety statements etc.
The o/p is entitled to go to a Rights Commissioner or the District Court to seek payment.

breanach

Milk & Honey wrote: »

Kristopherus wrote: »

Not at all sure if you are correct there, Declan. Afaik an employee has no rights unless they have more than 13 weeks continuous employment.

Not correct. There is a right to written notice of terms of employment within 4 weeks of starting. There is a right to pay. There is a right to payslips and safety statements etc.
The o/p is entitled to go to a Rights Commissioner or the District Court to seek payment.

Yes I be been looking into it as as in concerned I've a right to all of the above which I didn't get, I just wonder how long it would take and would I win!

Any info on the claim I damaged company property????

B

smithcity

breanach wrote: »

Any info on the claim I damaged company property????
B

The burden of proof is on them, unless they can produce evidence that you damaged company property I'd say it's a red herring.

Jesus Shaves

tell him that you'll be reporting him to revenue, the chances are he hadn't got you properly registered as an employee

breanach

darokane wrote: »

tell him that you'll be reporting him to revenue, the chances are he hadn't got you properly registered as an employee

I checked I'm registered alright thanks for the reply

wmpdd3

Not giving a weeks notice 'may' end in you not getting your week in hand. Without a contract, notice is usually taken as a week. you would be entitled to 8percent of total wages as holiday pay, if this is less than the cost of a solicitors letter, i'd send on in. I'd ignore the 'you damaged stock' alligation.

vikingdub

breanach wrote: »

Thanks but,
I've read up on this and I'm entitled to the same as every one else I'm aware if your not perm that you don't have much rights, but I do know from the rights commision website they can't hold back pay at all unless i have agreed in writing they can make a deduction. They also have to give me a pay slip and a contract by law and not a one sided one like I received he certainly can't treatin me with dismissal over a dispute,,I might seek legal advise on it

Thanks any more advise will appreciated!

B

Do not waste money on a solicitor, if you wish to seek legal advice go to FLAC. You are entitled to be paid the money owed and your employer is obliged to give you a contract of employment and pay slips.

The Rights Commission service is the route to take, download the form from the website and submit your claim.

vikingdub

Milk & Honey wrote: »

Not correct. There is a right to written notice of terms of employment within 4 weeks of starting. There is a right to pay. There is a right to payslips and safety statements etc.
The o/p is entitled to go to a Rights Commissioner or the District Court to seek payment.

Only if it is set out in the contract of employment, otherwise the provisions of The minimum Notice and Terms of Employment Act, 1973 to 1991 apply.

13 weeks to 2 years = one week

The employer could claim in this case that the employee was obliged go give one week's notice. However, the employer is not entitled to withhold any remuneration earned. This employer has also failed to provide pay slips and a contract of employment.

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vikingdub wrote: »

Milk & Honey wrote: »

Not correct. There is a right to written notice of terms of employment within 4 weeks of starting. There is a right to pay. There is a right to payslips and safety statements etc.
The o/p is entitled to go to a Rights Commissioner or the District Court to seek payment.

Only if it is set out in the contract of employment, otherwise the provisions of The minimum Notice and Terms of Employment Act, 1973 to 1991 apply.

13 weeks to 2 years = one week

The employer could claim in this case that the employee was obliged go give one week's notice. However, the employer is not entitled to withhold any remuneration earned. This employer has also failed to provide pay slips and a contract of employment.

boy cannot withhold pay or a payslip for any reason.
contact NERA in the morning and they Will advise you.

breanach

Hi guys just a quick reply it went the rights commissioner and it only took 20 mins he basically told them they have to pay me what I'm owed end of...I didn't have to say 2 words... Not the most plesent of situations sitting across from the a@s holes on my own and not be able to speak directly to them you have to speak through the commissioner even though ur 2 feet away from each other, they went on this long rant and he actually believed that he was right until, he was told what your telling has no relevance to this man rights of being paid... you have to pay him what he's owed...DELIGHTED they just shut and all the blood left their faces...

It was worth every second to see their faces when he told them you owe him this money now pay him... My advise is if you being wronged like I was go straight to the right commissioner....

Thanks for yer advise

B

vikingdub

breanach wrote: »

Hi guys just a quick reply it went the rights commissioner and it only took 20 mins he basically told them they have to pay me what I'm owed end of...I didn't have to say 2 words... Not the most plesent of situations sitting across from the a@s holes on my own and not be able to speak directly to them you have to speak through the commissioner even though ur 2 feet away from each other, they went on this long rant and he actually believed that he was right until, he was told what your telling has no relevance to this man rights of being paid... you have to pay him what he's owed...DELIGHTED they just shut and all the blood left their faces...

It was worth every second to see their faces when he told them you owe him this money now pay him... My advise is if you being wronged like I was go straight to the right commissioner....

Thanks for yer advise

B

Delighted to hear that you got such a quick hearing with Right Commissioners and that you were successful in your claim. What exactly was your ex-employer's "defence"? Most importantly has he paid you yet?