Leaving job due to working conditions.

ShaShaBear

Without going into any great detail, I know if you leave work voluntarily you are not entitled to a SW payment for 9 weeks. I also know if there is a reason for you leaving (eg change in hours or bullying/harrassment) they can re-evaluate your situation and might approve you.

My question is how long does it take for them to come to this decision regarding whether or not you have just cause to leave? My partner has recently heard that his boss and wife have been speaking about him in a less than professional manner and that he does this regularly with different members of staff when things don't go right at work. My partner got an official warning a week or two ago for not fixing the mistake of another new staff member before he went home, even though my partner was never made aware of the mistake (nor is it in his job description to check up on everyone and clean up after them). He is also owed almost 500 hours in overtime since he started, and is still working 60+ hours per week while only getting paid for a maximum of 50 of them. He rarely gets sufficient time off work, is constantly called during his time or days off looking for assistance as other people cannot do their jobs and was recently given out to for booking too much time off work (he didn't take any holidays last year and was never reimbursed, and has only taken 2 days this year as the boss rejigged his day off to co-incide with his booked days off thinking that it would count as both a holiday day used and a day off work).
The situation is becoming unbearable, he doesn't get lunch breaks, is often starving coming home and we are out a small fortune in food and petrol costs. He is concerned that he is going to get more warnings, and thinks his boss is trying to find cause to fire him so that they can employ someone else under the SW grant scheme that he was taken in on.

Would this be enough of a case for him to have the 9 week wait appealed? Apparently the finances in the business are so bad that he is not even guaranteed he will get his hours overtime?!

Rorster_123

ShaShaBear wrote: »

Without going into any great detail, I know if you leave work voluntarily you are not entitled to a SW payment for 9 weeks. I also know if there is a reason for you leaving (eg change in hours or bullying/harrassment) they can re-evaluate your situation and might approve you.

My question is how long does it take for them to come to this decision regarding whether or not you have just cause to leave? My partner has recently heard that his boss and wife have been speaking about him in a less than professional manner and that he does this regularly with different members of staff when things don't go right at work. My partner got an official warning a week or two ago for not fixing the mistake of another new staff member before he went home, even though my partner was never made aware of the mistake (nor is it in his job description to check up on everyone and clean up after them). He is also owed almost 500 hours in overtime since he started, and is still working 60+ hours per week while only getting paid for a maximum of 50 of them. He rarely gets sufficient time off work, is constantly called during his time or days off looking for assistance as other people cannot do their jobs and was recently given out to for booking too much time off work (he didn't take any holidays last year and was never reimbursed, and has only taken 2 days this year as the boss rejigged his day off to co-incide with his booked days off thinking that it would count as both a holiday day used and a day off work).
The situation is becoming unbearable, he doesn't get lunch breaks, is often starving coming home and we are out a small fortune in food and petrol costs. He is concerned that he is going to get more warnings, and thinks his boss is trying to find cause to fire him so that they can employ someone else under the SW grant scheme that he was taken in on.

Would this be enough of a case for him to have the 9 week wait appealed? Apparently the finances in the business are so bad that he is not even guaranteed he will get his hours overtime?!

It's a little hard to understand what you are asking.
Basically your partner is asked why he left and he needs to show just cause. The employer is also asked why someone left. The length of time it takes to make a decision depends on the backlog in the particular office in addition to how quickly all the information is provided to the deciding officer.

Your partner should provide as much information as possible in order to allow the deciding officer to make an informed decision. It is impossible to say whether he would be disallowed or not. All he can do is make the best case that he can.

If I was him though I would try and stick it out and apply for other jobs before quitting. It is always easier to find another job when in employment than when unemployed.

wmpdd3

also your partner should make a complaint to nera about the lack of break. This may help his case with the s w .

the_syco

OP, have your son read http://www.citizensinformation.ie/en/employment/unemployment_and_redundancy/dismissal/constructive_dismissal.html

Constructive dismissal arises where you terminate your contract of employment, with or without prior notice, due to the conduct of your employer

Ask him to keep a journal of all the sh|t that goes on until he does leave, to ensure he has a strong case against the boss.

h2005

Has your partner pointed out any of this to his employer? 500 hours of overtime is a bit on the high side. How could you let that go so long?

geddylee

Leave,it's better for your health,and if the employer struggles when you leave,you will have the last laugh. When applying for social benefit it should take only 2,3 weeks.