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Employment law query

  • 19-12-2012 3:34pm
    #1
    bladed
    Closed Accounts Posts: 12 ✭


    Someone was employed for only 3 months as part of a 6mth contract within a company in Ireland. If this person had received considerable ill-treatment from colleagues within the company, stood up for themselves and queried why they were being ill-treated, approached HR and received a cold shoulder from HR, and then was subsequently dismissed could that person sue?

    Also, could that person sue the individuals involved or would it have to be the company as a whole? If the aggrieved individual had important unanswered queries in emails, and sharp dismissive emails from former colleagues and they could prove inadequate work practice from said former colleagues was unfairly blamed on that person, would this all help?

    Or does the law that says no claim for unfair dismissal within 12mths, stand?


Comments

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


    Short answer, the unfair dismissals process is not available. There are very specific circumstances under which the 12-month rule can be ignored:
    http://www.citizensinformation.ie/en/employment/unemployment_and_redundancy/dismissal/unfair_dismissal.html

    One would not be able to sue any of the individuals involved unless they were the subject of assault or other such behaviour. In simplest terms the company is liable for the conduct of their employee(s) during working hours.

    If this was a fixed-term contract, there may be grounds for to claim a breach of contract by failing to provide adequate grounds for the dismissal, but it would depend on the variables and how much the person is willing to risk in order to salvage 3 months' payment from a six-month contract.


  • #3
    bladed
    Closed Accounts Posts: 12 ✭bladed


    that person would be more interested in seeing some justice served against corporate 'bullying' to be honest


  • #4
    Strawberry Fields
    Closed Accounts Posts: 611 ✭✭✭Strawberry Fields


    Just as a matter of interest is this financial services sector?


  • #5
    bladed
    Closed Accounts Posts: 12 ✭bladed


    godeas16 wrote: »
    Just as a matter of interest is this financial services sector?
    no, good old '101 things to do' hospitality


  • #6
    Strawberry Fields
    Closed Accounts Posts: 611 ✭✭✭Strawberry Fields


    oh, had similar nonsense in FS. Can't sue individuals because of seperate corporate personality the proper defendant is the company it's self. Unless they did something criminal.


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  • #7
    krd
    Banned (with Prison Access) Posts: 3,455 ✭✭✭krd


    godeas16 wrote: »
    oh, had similar nonsense in FS. Can't sue individuals because of seperate corporate personality the proper defendant is the company it's self. Unless they did something criminal.

    My brother told me, when he was working in Germany, people in his workplace would be very quick to threaten to sue each other. He said it made for a better work environment - as it cut down on shenanigans. Though I have no idea whether what my brother said was true.


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