Employment role differs from contract

KwackerJack

So I was hired to perform a certain role within this company. Testing was required which I completed in line with the requirements of my role. The new system has now been implemented but differs widely from the test system!

Now issue are arising I am am getting serious heat due the the problems but considering the test system was different is it fair for me to take the brunt.

Also in regards to the testing I have no experience what so ever in testing such systems. I only use them to perform my daily workload.

As an example -- Say I am a truck driver, I am asked to test a new truck to ensure its up to the same standard as the old one and that it performs the same. So the new truck arrives and its different than the truck i tested, buttons are missing, other buttons perform a different function then in the test truck etc and I get the blame???


I am also on 6 months probation which is the part that is worrying me! What can I do if they decide to let me go on the ground the testing was flawed?

Nody

Nothing because they can let you go because they decided they did not like your shirt color that you had last Friday. All you can do is raise your concerns with your direct manager in regards to the differences and hope they take it into account.

KwackerJack

Nody wrote: »

Nothing because they can let you go because they decided they did not like your shirt color that you had last Friday. All you can do is raise your concerns with your direct manager in regards to the differences and hope they take it into account.

Could I not take it further if an unfair dismissal arises? Is there not an Industrial relations path or similar??

Stheno

KwackerJack wrote: »

Could I not take it further if an unfair dismissal arises? Is there not an Industrial relations path or similar??

Unfair dismissals doesn't apply in the first 12 months with some exceptions

http://www.citizensinformation.ie/en/employment/unemployment_and_redundancy/dismissal/unfair_dismissal.html

Bandana boy

It would depend as well on what they paid you , if your a tester on 20-30K here I would say testing what they put in front of you is fine and you could argue that you have completed your job.

If though they paid you more than this I would expect they were hiring you to manage making sure the new system would work when it went live.
You could argue that part of your remit was to manage this process through , including making sure that the test system was relevant to the final product , that all items in the new product were in the test enviorment etc.

Ideally this would be called out in the title of the role and or specified in either your contract or your induction , but pay scale would give you a good idea what they thought they were hiring.

KwackerJack

Stheno wrote: »

Unfair dismissals doesn't apply in the first 12 months with some exceptions

http://www.citizensinformation.ie/en/employment/unemployment_and_redundancy/dismissal/unfair_dismissal.html

So there is no protection for an employee who has less than 1 years service?

Brilliant, although great to know if I ever start my own business!!!

Can I not just take them to court myself?

Nody

KwackerJack wrote: »

Can I not just take them to court myself?

Sure you can; be ready to pay the bill for it all though because they are not breaking the law in your above scenario.

Bandana boy

KwackerJack wrote: »

So there is no protection for an employee who has less than 1 years service?

Brilliant, although great to know if I ever start my own business!!!

Can I not just take them to court myself?

Yes you can take anybody to court at any time on any issue.

Few reason why you probably should not
EAT will not get involved which means full courts which is very very expensive
All you can make from a court case is loss of earnings , which will be based on current salary and service , and maxed at two years Pay but a 6 months employee I would be surprised to get more than 6 months.I very much doubt this will cover your costs.
Precedent of not finding for employees in these circumstances mean you would need a very strong case.
They could just state the quality of your work was poor and very hard for you to argue that with no history of them finding this level acceptable in the past.

KwackerJack

Bandana boy wrote: »

It would depend as well on what they paid you , if your a tester on 20-30K here I would say testing what they put in front of you is fine and you could argue that you have completed your job.

If though they paid you more than this I would expect they were hiring you to manage making sure the new system would work when it went live.
You could argue that part of your remit was to manage this process through , including making sure that the test system was relevant to the final product , that all items in the new product were in the test enviorment etc.

Ideally this would be called out in the title of the role and or specified in either your contract or your induction , but pay scale would give you a good idea what they thought they were hiring.

I was hired to work in Credit Control, Accounts Receivable! Chasing the €'s.

I now find myself testing the system? Surely that a different role considering my contract states AR Collection Specialist

Stheno

KwackerJack wrote: »

I was hired to work in Credit Control, Accounts Receivable! Chasing the €'s.

I now find myself testing the system? Surely that a different role considering my contract states AR Collection Specialist

User acceptance testing (that's the industry term for it when stuff is changing) is normally done by users of the systems being changed.

Were you just handed a bunch of test details to carry out?
Did someone else design and build the new system?

If so it's nothing to do with you that the delivered system is not correct.

Nody

KwackerJack wrote: »

I was hired to work in Credit Control, Accounts Receivable! Chasing the €'s.

I now find myself testing the system? Surely that a different role considering my contract states AR Collection Specialist

You appear to fail to grasp the point here; during probation outside the big items (i.e. gender, religion, age etc.) they can let you go for any reason no matter if you were hired as CEO or janitor and no ranting how it is unfair changes that...

Now if you actually want to make a difference then speak to your Supervisor.

Bandana boy

KwackerJack wrote: »

I was hired to work in Credit Control, Accounts Receivable! Chasing the €'s.

I now find myself testing the system? Surely that a different role considering my contract states AR Collection Specialist

What % of your time was testing in these first 6 months ?

I would certainly put forward a case that you are due an opportunity in the role you were hired for ,if they decide to terminate on the grounds of poor testing. If you agreed to extended probation while you finally get to do this role , I suspect they will give you another chance . How has your performance on the day to day tasks been received ?

KwackerJack

Stheno wrote: »

User acceptance testing (that's the industry term for it when stuff is changing) is normally done by users of the systems being changed.

Were you just handed a bunch of test details to carry out?
Did someone else design and build the new system?

Yes, I was given a list to test then an outside company set up the new system!

If so it's nothing to do with you that the delivered system is not correct.

Bandana boy wrote: »

What % of your time was testing in these first 6 months ?

I would certainly put forward a case that you are due an opportunity in the role you were hired for ,if they decide to terminate on the grounds of poor testing. If you agreed to extended probation while you finally get to do this role , I suspect they will give you another chance . How has your performance on the day to day tasks been received ?

My testing was signed off after each section was completed so if there was an issue I was not informed. My normal day to day was complimented only a few days before hand via an email to the business but now its my fault a new system that was signed off by managers and installed by an outside company has failed in several areas!!

Put it this way, I can fly a plane but I'm no aircraft mechanic. Same way I can use a system but that doesn't mean I can remap or explain the inner workings.

bucketybuck

Instead of trying to think about how you can sue them for unfair dismissal, would you not be better served actually talking to them and pointing out your concerns?

Maybe the job is different to that advertised, if so then you have a decision to make, either to accept that fact and do the new job or to say its not what you want to do and so leave the company.

If you don't want to be a tester tell them that now, don't wait until you leave.

Clearlier

KwackerJack wrote: »

I am also on 6 months probation which is the part that is worrying me! What can I do if they decide to let me go on the ground the testing was flawed?

Rather than viewing it as something that can get you fired why don't you see it as an opportunity to make your mark?

Talk to people and find out how a different system was installed and not the one that you tested. There may be a perfectly good reason. Find out what the best solution is and start making suggestions about how to solve the problem. Detail what the issues are and potential solutions if there are multiple different things that need to be done.

Don't step back with your hands in the air saying 'nothing to do with me'. Step in and be the one who gets things done and problems solved. That's how you succeed.

Avatar MIA

KwackerJack wrote: »

Put it this way, I can fly a plane...

All credit to the amount of times you've gone around the houses, but you're not going to get compensation due to the amount of time you have worked.

So,

1. Stay and try to work it out.
2. Stay and look for another job.
3. Stay until fired (if incompetent)