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Withholding wage

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  • 13-10-2015 3:41pm
    #1
    Niaveee
    Registered Users Posts: 83 ✭✭


    My partner applied for a job in a well known cafe in our area. just 5 mins from our house. He got the job and had to train in one of their stores outside of the town. Costing him extra expense travelling. He was told it would be two weeks training while the new shop was being set up. The atmosphere in the shop he was training in was terrible.long hours minimum breaks plus a very nasty long term staff member.

    He was then told the shop won't be open for another 6 weeks so he will have stay put. At this stage he had worked 2 and half weeks. He handed in his resignation and was told that he wasn't allow to hand in a resignation at this stage and must continue to work, and then decide again in amonths time. He refused this and was told he had to work a months notice. Then the not so pleasant staff member came in and started abusing him. Saying he thought he was to good for them etc. So he walked out leaving his signed resignation letter.

    The company our now withholding wage owed and p45.
    Until he comes back in and has an exit meeting with them.

    He never received a contract though he did sign one. He was never asked to read their policies. So has nothing to report to.

    Just wondering where he stands. He has since started a new job and hasn't got time to have a meeting with them. Added on top of that he is getting emergency taxed as they won't post a p45


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    #2
    duploelabs
    Registered Users Posts: 11,229 ✭✭✭✭duploelabs


    What's wrong with him growing a pair and going back in and having that meeting? Sorry to be blunt and rude but running away from the issue isn't going to help his cause. They just probably want to find out why he walked out as it appears that someone in management isn't being told the whole story. I'd suggest he does this as what's he got to lose? He could even get better terms if they offered something


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    #3
    Niaveee
    Registered Users Posts: 83 ✭✭Niaveee


    duploelabs wrote: »
    What's wrong with him growing a pair and going back in and having that meeting? Sorry to be blunt and rude but running away from the issue isn't going to help his cause. They just probably want to find out why he walked out as it appears that someone in management isn't being told the whole story. I'd suggest he does this as what's he got to lose? He could even get better terms if they offered something

    He started a new job a few days later, so isn't interested in better terms with them.
    He works 8-5 so has very little time for this meeting and to be honest doesn't want to give them the satisfaction.
    Regarding how big this company is internationally there is 0% HR or managerial input. Any contact comes from England. Everything is run by the staff of the shop so the meeting would be back in the store


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    #4
    Diziet
    Registered Users Posts: 831 ✭✭✭Diziet


    He should give his new employer details to the tax office. If he calls Revenue and explains they will amend his tax. The previous employer cannot withold his wages. A call to NERA should point him in the right direction to claim them. Look up https://www.workplacerelations.ie/en/Workplace_Relations_Services/Info_Cust_Serv/


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    #5
    Tow
    Registered Users Posts: 7,041 ✭✭✭Tow


    He need to ring up Revenue armed with the new employer's number and his PPS No, and them them the story. They will transfer his allowances to the new employer. No P45 required. If he is lucky they will also phone the old employer regarding his P45 and missing wages.

    When is the money (including lost growth) Michael Noonan took in the Pension Levy going to be paid back?



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    #6
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Niaveee wrote: »
    He never received a contract though he did sign one. He was never asked to read their policies. So has nothing to report to.

    How did he sign a contract if he didn't receive one?


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    #7
    Niaveee
    Registered Users Posts: 83 ✭✭Niaveee


    [Deleted User] wrote: »
    How did he sign a contract if he didn't receive one?

    He signed one. But was never given his own copy


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    #8
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Niaveee wrote: »
    He signed one. But was never given his own copy

    Ah OK, did he at least read the contract? A months notice is fairly standard irrespective of how long he's worked there.


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    #9
    duploelabs
    Registered Users Posts: 11,229 ✭✭✭✭duploelabs


    Deleted User wrote: »
    Ah OK, did he at least read the contract? A months notice is fairly standard irrespective of how long he's worked there.

    Depends on the contract, I've found it usual for a probationary period to be included for a few months, during this time the employer or employee does not need to give any notice of termination


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    #10
    thebiglad
    Registered Users Posts: 1,581 ✭✭✭thebiglad


    Niaveee wrote: »
    He signed one. But was never given his own copy

    Typically you would be given 2 to sign, one for you to keep and one for the employer.

    Perhaps next time refuse to sign unless given a 2nd copy.


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    #11
    Niaveee
    Registered Users Posts: 83 ✭✭Niaveee


    [Deleted User] wrote: »
    Ah OK, did he at least read the contract? A months notice is fairly standard irrespective of how long he's worked there.

    He did read the contract on the day. One week notice must be given after working for 13weeks. My husband was only there 2weeks so wasn't required to give a notice Nevermind a months notice


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    #12
    uck51js9zml2yt
    Closed Accounts Posts: 18,268 ✭✭✭✭uck51js9zml2yt


    Niaveee wrote: »
    He did read the contract on the day. One week notice must be given after working for 13weeks. My husband was only there 2weeks so wasn't required to give a notice Nevermind a months notice

    You're correct on not needing to give notice.

    Contact NERA who will be able to point you in the right direction.
    If an exit interview is needed, do it over the phone


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