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Dispute re contract

  • 25-02-2015 3:16pm
    #1
    OldNotWIse
    Closed Accounts Posts: 12,468 ✭✭✭✭


    Can an employer dispute a term of your contract and tell you it was mistakenly inserted?


Comments

  • #2
    MrWalsh
    Closed Accounts Posts: 2,664 ✭✭✭MrWalsh


    How old is the contract?

    Has the term been in usage for a period of time (I cant remember how long but if its been a work practice for x amount of time - it cant be disputed).


  • #3
    OldNotWIse
    Closed Accounts Posts: 12,468 ✭✭✭✭OldNotWIse


    MrWalsh wrote: »
    How old is the contract?

    Has the term been in usage for a period of time (I cant remember how long but if its been a work practice for x amount of time - it cant be disputed).

    Contract is 4 months old. Term (which says that flexitime applies) has never been tested as such since I have always taken full breaks and worked prescribed hours. Employer is disputing it as my role is not one which requires extra time to be worked up, but I know that other people who are on flexi are allowed to bank time by, for example, only taking half an hour for lunch instead of a full hour. I would like to be able to do this. Dont want to go to union except as a last resort.


  • #4
    MrWalsh
    Closed Accounts Posts: 2,664 ✭✭✭MrWalsh


    Well you cant be discriminated against. If other people are allowed to do it then so should you be.

    Do you have a HR or does your boss have a boss who might be more amenable?

    Why do you think your boss is being difficult about it?


  • #5
    OldNotWIse
    Closed Accounts Posts: 12,468 ✭✭✭✭OldNotWIse


    MrWalsh wrote: »
    Well you cant be discriminated against. If other people are allowed to do it then so should you be.

    Do you have a HR or does your boss have a boss who might be more amenable?

    Why do you think your boss is being difficult about it?

    Most other people have it. Those who haven't apparently are (like me) in jobs where they are required to be there at certain times, so there is no requirement to do "overtime" and no way to come in early or leave late etc. I don't mind this, and haven't asked them if I can do this, but I would like to be able to bank some of the lunch hour. It is actually HR who are disputing it :( I am not sure why there is such a difficulty tbh :(


  • #6
    MrWalsh
    Closed Accounts Posts: 2,664 ✭✭✭MrWalsh


    Ask someone who also isnt allowed it if you can see their contract.


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  • #7
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    Isn't the inclusion of a flexitime clause there to allow the employer to vary your hours as necessary? It doesn't mean that you can claim back hours as flexitime by banking untaken breaks.


  • #8
    OldNotWIse
    Closed Accounts Posts: 12,468 ✭✭✭✭OldNotWIse


    davo10 wrote: »
    Isn't the inclusion of a flexitime clause there to allow the employer to vary your hours as necessary? It doesn't mean that you can claim back hours as flexitime by banking untaken breaks.


    I don't know what it is there for, but I do know that it is accepted practice for 90% of other employees to be able to bank by reducing breaks. Whether that is the intended function or not I don't know, but it is practiced and accepted.


  • #9
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    OldNotWIse wrote: »
    I don't know what it is there for, but I do know that it is accepted practice for 90% of other employees to be able to bank by reducing breaks. Whether that is the intended function or not I don't know, but it is practiced and accepted.

    But it isn't accepted in your case as this is not flexitime. You could talk to an independent HR consultant or an employment solicitor for advice.


  • #10
    OldNotWIse
    Closed Accounts Posts: 12,468 ✭✭✭✭OldNotWIse


    davo10 wrote: »
    But it isn't accepted in your case as this is not flexitime. You could talk to an independent HR consultant or an employment solicitor for advice.


    True. I had a meeting this morning and they are considering putting something in place where I can bank but still be required to do specified hours. Fingers crossed! :)


  • #11
    doomzzod
    Site Banned Posts: 15 ✭doomzzod


    OldNotWIse wrote: »
    Can an employer dispute a term of your contract and tell you it was mistakenly inserted?

    Simple answer....No.
    I won a recent similar dispute.


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  • #12
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    doomzzod wrote: »
    Simple answer....No.
    I won a recent similar dispute.

    Simple answer: maybe if it's a flexitime contract.


  • #13
    mada82
    Registered Users, Registered Users 2 Posts: 577 ✭✭✭mada82


    If it's in your contract then surely they can't remove it without consent?

    From their point of view though it your job doesn't require overtime then you are effectively not working for those lunch time minutes you are banking. So I can see their point there.


  • #14
    doomzzod
    Site Banned Posts: 15 ✭doomzzod


    davo10 wrote: »
    Simple answer: maybe if it's a flexitime contract.

    If its in a contract, it is legal. It cannot be denied.
    To change terms of a contract, both parties must agree and the new terms should issued and signed by the employee.


  • #15
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    doomzzod wrote: »
    If its in a contract, it is legal. It cannot be denied.

    It all depends on the interpretation, flexitime implies that employer can allocate working time dependent on requirement and employee must be "flexible", not that employee can dictate that breaks are not taken. If you look up the organisation of working time act you will see that breaks are a legal requirement.


  • #16
    doomzzod
    Site Banned Posts: 15 ✭doomzzod


    If its in a contract, there is more than likely a policy. Whatever the policy says, the employee is legally entitled to it.


  • #17
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    doomzzod wrote: »
    If its in a contract, there is more than likely a policy. Whatever the policy says, the employee is legally entitled to it.

    Wrong. The employee's interpretation and the employer's interpretation may differ. If the employee is employed on a flexitime contract and is rostered to work 9-5 on a particular day, if they turn up at 6am, it doesn't mean they will be paid an extra 2 hours.


  • #18
    doomzzod
    Site Banned Posts: 15 ✭doomzzod


    davo10 wrote: »
    Wrong. The employee's interpretation and the employer's interpretation may differ. If the employee is employed on a flexitime contract and is rostered to work 9-5 on a particular day, if they turn up at 6am, it doesn't mean they will be paid an extra 2 hours.

    If you're going to give daft examples...work ahead.


  • #19
    doomzzod
    Site Banned Posts: 15 ✭doomzzod


    6am to 9am is 3 hrs


  • #20
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    doomzzod wrote: »
    6am to 9am is 3 hrs

    The joys of typing on a phone.

    Do you know what flexitime means? I assume that it would mean that an employee can work/make up hours outside the normal 9-5 with agreement of employer, and of employer does not agree, then employee works the hours as rostered.


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