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Problems at work!

  • 12-06-2016 9:29pm
    #1
    Registered Users, Registered Users 2 Posts: 5,119 ✭✭✭


    Hi all. So I work in a restaurant. Then left last September - December. This was just training in a different restaurant. Returned in January.

    So problems occurred since Jan - present.
      No contract
      Wasn't paid in the first number of weeks, which leaves €1120 pay outstanding. (never paid that sum of money) Mentioned it a number of times and was told by the manager "I'll look into it!" nothing done about it..
      Haven't gotten one pay slip since returning last January!
      Mentioned holidays 4 times within the last 3 weeks and the managers reply "I'll look into it."
      On an hourly wage of €8.65.

    I just don't know what to do or where to start, and it's causing me great stress now! :(

    Any advice is much appreciated.


Comments

  • Registered Users, Registered Users 2 Posts: 18,717 ✭✭✭✭_Brian


    Start looking for another job has to be the first thing you do.

    Ask about monies owed every day, say you have a big bill coming up and need it.

    Tell them your taking holidays, set a date, give plenty of notice and say you'll be off then.


    But they sound like messers, a new job should be a priority.


  • Registered Users, Registered Users 2 Posts: 5,119 ✭✭✭job seeker


    _Brian wrote: »
    Start looking for another job has to be the first thing you do.

    Ask about monies owed every day, say you have a big bill coming up and need it.

    Tell them your taking holidays, set a date, give plenty of notice and say you'll be off then.


    But they sound like messers, a new job should be a priority.

    I see, The problem is, I really get on well with everyone in the kitchen and it's the manager that is causing all the hassle.

    However, I have applied for a clerical officer position and would take it if I got it, but the online question exam is supposed to be very hard.


  • Registered Users, Registered Users 2 Posts: 1,049 ✭✭✭groovyg


    I can't believe you are still working there or you didn't kick up a fuss when you didn't get paid initially. How did you survive in the first weeks when you weren't paid. I think you should look for another job as it doesn't look like you are going to get paid.


  • Registered Users, Registered Users 2 Posts: 5,119 ✭✭✭job seeker


    groovyg wrote: »
    I can't believe you are still working there or you didn't kick up a fuss when you didn't get paid initially. How did you survive in the first weeks when you weren't paid. I think you should look for another job as it doesn't look like you are going to get paid.

    Well, like I had some money saved and used it for college. So that's how I survived.

    Is there anyone I could call to have a inspector of some sort to come out and investigate this.. Would prefer to rock the boat as much as possible and get all I'm owed if I was to leave...


  • Registered Users, Registered Users 2 Posts: 1,586 ✭✭✭Canadel


    job seeker wrote: »
    Wasn't paid in the first number of weeks, which leaves €1120 pay outstanding.
    Yeah. So during your next shift you need to immediately confront this "manager" about the pay you are owed and demand that something is done about it by the end of next week. Be clear. Be stern. But in the nicest way possible. Remember, if you stole €1120 from the till this "manager" would not only fire you, but more than likely have you arrested.

    If the manager fobs you off again politely explain that it's illegal to withhold your pay and that you will be reporting both them and the restaurant to an employer rights commissioner. And that you'll also be contacting your solicitor to investigate the matter. And that you might even give your cousin who is a reporter in one of the national newspapers a call.

    See then if things start moving on the pay front.

    Good luck.


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  • Registered Users, Registered Users 2 Posts: 12,058 ✭✭✭✭anewme


    Work for nothing and you"ll never be idle. It is disgraceful that a person on low money has to dip their college fund to survive.

    Op, I don't want to be harsh but please learn a life lesson from this. i make it my business to both pay and collect my debts as and when they fall due. I've been working since I was 18 and I'm now 40 odd!

    At this point, the manager has dodged you enough and is trying to get out of paying you as you are not being forceful enough. If you're not going to get paid, then rather than stay there you are have to cut your losses.

    Rather than just say it t the manager, I would put it in writing and Hand it to the manager. Is there an owner as well? Are you on the books?

    by Hand. ...date

    Dear John, you will be aware that I have not been paid for work from x y to the total sum of Xxxxx. I have raised this matter now on more than one occassion (list all the dates) and despite numerous assurances from your good self to investigate, I am disappointed to say there has been no follow up actions.

    I hereby request that the outstanding monies listed above are paid to me by......

    I would really appreciate your support to resolve this immediately.

    Something like that.

    If they don't pay within a week, hand in letter no 2 attaching letter 1 saying you now have no alternative but to take things legal...


  • Closed Accounts Posts: 6,750 ✭✭✭Avatar MIA


    job seeker wrote: »
    • On an hourly wage of €8.65.

    Any reason you're not on the minimum wage €9.15?


  • Registered Users, Registered Users 2 Posts: 4,518 ✭✭✭tinpib


    The squeaky wheel gets the grease. I would pester then until you get it, eventually they will cave. It will be a good experience for you too, but yes look for another job. That's a bad sign, possibly because the business isn't doing well and these problems will probably crop up again.


  • Registered Users, Registered Users 2 Posts: 5,119 ✭✭✭job seeker


    Avatar MIA wrote: »
    Any reason you're not on the minimum wage €9.15?

    In a nut shell, I came back to work in this "company" , Asked for minimum wage and they give it. Week later the legal, minimum wage increased to 9.15 and they never changed it... Left me on 8.65...


  • Registered Users, Registered Users 2 Posts: 5,119 ✭✭✭job seeker


    Thanks all for the replys so far. will reply to each comment tomorrow. You all have been a great help and I really appreciate it... :) Thanks.


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  • Closed Accounts Posts: 6,750 ✭✭✭Avatar MIA


    job seeker wrote: »
    In a nut shell, I came back to work in this "company" , Asked for minimum wage and they give it. Week later the legal, minimum wage increased to 9.15 and they never changed it... Left me on 8.65...

    They are 100% breaking the law there and you have them by the short and curlies. Make sure you get a payslip showing such.

    And I wouldn't work for this crowd for a second longer than necessary.


  • Registered Users, Registered Users 2 Posts: 28,702 ✭✭✭✭TitianGerm


    OP do as the above poster has mentioned with the letter.

    If the letter isn't dealt with make a complaint to NERA. They are really clamping down on poor employee treatment lately and handing out big fines to those employers ignoring correct workplace rules.

    http://employmentrightsireland.com/employment-rights-for-employees/


  • Registered Users, Registered Users 2 Posts: 5,119 ✭✭✭job seeker


    Canadel wrote: »
    Yeah. So during your next shift you need to immediately confront this "manager" about the pay you are owed and demand that something is done about it by the end of next week. Be clear. Be stern. But in the nicest way possible. Remember, if you stole €1120 from the till this "manager" would not only fire you, but more than likely have you arrested.

    If the manager fobs you off again politely explain that it's illegal to withhold your pay and that you will be reporting both them and the restaurant to an employer rights commissioner. And that you'll also be contacting your solicitor to investigate the matter. And that you might even give your cousin who is a reporter in one of the national newspapers a call.

    See then if things start moving on the pay front.

    Good luck.

    I have, what she said was that she will get the money owed sorted. Still nothing...
    anewme wrote: »
    Work for nothing and you"ll never be idle. It is disgraceful that a person on low money has to dip their college fund to survive.

    Op, I don't want to be harsh but please learn a life lesson from this. i make it my business to both pay and collect my debts as and when they fall due. I've been working since I was 18 and I'm now 40 odd!

    At this point, the manager has dodged you enough and is trying to get out of paying you as you are not being forceful enough. If you're not going to get paid, then rather than stay there you are have to cut your losses.

    Rather than just say it t the manager, I would put it in writing and Hand it to the manager. Is there an owner as well? Are you on the books?

    by Hand. ...date

    Dear John, you will be aware that I have not been paid for work from x y to the total sum of Xxxxx. I have raised this matter now on more than one occassion (list all the dates) and despite numerous assurances from your good self to investigate, I am disappointed to say there has been no follow up actions.

    I hereby request that the outstanding monies listed above are paid to me by......

    I would really appreciate your support to resolve this immediately.

    Something like that.

    If they don't pay within a week, hand in letter no 2 attaching letter 1 saying you now have no alternative but to take things legal...

    To be honest, I'd prefer to not do this. I'd prefer to make a complaint to the workplace relations.
    Avatar MIA wrote: »
    Any reason you're not on the minimum wage €9.15?

    I asked last week why I wasn't, I was told "You're not experienced enough"
    tinpib wrote: »
    The squeaky wheel gets the grease. I would pester then until you get it, eventually they will cave. It will be a good experience for you too, but yes look for another job. That's a bad sign, possibly because the business isn't doing well and these problems will probably crop up again.

    I have been it's getting tiring now...
    Avatar MIA wrote: »
    They are 100% breaking the law there and you have them by the short and curlies. Make sure you get a payslip showing such.

    And I wouldn't work for this crowd for a second longer than necessary.

    I have plenty of payslips show this...
    emmetkenny wrote: »
    OP do as the above poster has mentioned with the letter.

    If the letter isn't dealt with make a complaint to NERA. They are really clamping down on poor employee treatment lately and handing out big fines to those employers ignoring correct workplace rules.

    http://employmentrightsireland.com/employment-rights-for-employees/

    To be honest, I'd prefer to make a complaint to the work place relations. I would be interested to know though if I could remain anonymous?


  • Registered Users, Registered Users 2 Posts: 12,058 ✭✭✭✭anewme


    Sorry OP but you should have done something on it by now rather than let it just drift on.

    if you have a problem putting it in writing to their face then you have an issue. Putting something in writing would back you up should you take it further. Asking verbally is no use, its all he said, she said. I've no idea why you had a problem requesting what you are owed in writing. They can't say then they were not asked.

    Not sure why you want to remain anonymous, you are either owed the money or not and letting it go on this long without action is not positive.


  • Registered Users, Registered Users 2 Posts: 26,286 ✭✭✭✭Mrs OBumble


    Have you worked (anywhere) for two years since you turned 18? If not, then minimum wage is lower for you.


  • Registered Users, Registered Users 2 Posts: 1,193 ✭✭✭Smondie


    How do you expect it to get sorted by remaining anonymous?


  • Registered Users, Registered Users 2 Posts: 5,119 ✭✭✭job seeker


    Smondie wrote: »
    How do you expect it to get sorted by remaining anonymous?

    Like, I it's the neighbours that own the restaurant.. Family run. It has 11 staff, so I know them. It's not like, I work for a company with 200 - 300 staff.


  • Registered Users, Registered Users 2 Posts: 5,119 ✭✭✭job seeker


    Have you worked (anywhere) for two years since you turned 18? If not, then minimum wage is lower for you.

    I trained for six months from last September - December as part of college. But I worked in this restaurant previously to my training. Then I returned after my training.


  • Registered Users, Registered Users 2 Posts: 26,286 ✭✭✭✭Mrs OBumble


    job seeker wrote: »
    I trained for six months from last September - December as part of college. But I worked in this restaurant previously to my training. Then I returned after my training.

    Forget training, that's not employment.

    How long, in number of months, have you been a paid employee of any business after your 18th birthday?


  • Registered Users, Registered Users 2 Posts: 5,119 ✭✭✭job seeker


    Forget training, that's not employment.

    How long, in number of months, have you been a paid employee of any business after your 18th birthday?

    One year six months. This is my fist paid job.


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  • Registered Users, Registered Users 2 Posts: 603 ✭✭✭claregal1


    I was recently in the same position as you in relation to holiday pay and had to fight every inch of the way to get it . I eventually got it by writing a letter and including a print out on workers rights and entitlements .

    I also asked them to acknowledge my letter by email or by post .

    Within a week , I had my holiday pay .. I would advise you to put everything in writing and include the dates that you have spoke to the manager about your outstanding wages and his response.


  • Registered Users, Registered Users 2 Posts: 26,286 ✭✭✭✭Mrs OBumble


    job seeker wrote: »
    One year six months. This is my fist paid job.

    So minimum wage for you is €8.24.

    Read all about it here: http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/pay_and_employment/pay_inc_min_wage.html


    Keep chasing re the holiday pay, but they're correct re the rate.


  • Closed Accounts Posts: 640 ✭✭✭Turtle_


    Woah hold on,

    You're embarrassed to raise the issue of them not paying your wages because they're neighbours and you need to be able to look them in the eye etc?

    You're their neighbour and they have no problem leaving you really short of money you earned and have no embarrassment about it! Time to lose the embarrassment. You seem very young and easily bullied. Is there anyone you can get from home to back you up on this? Even just as moral support?

    At your next shift just walk up to them and tell them that if they don't have the back-pay ready for you by the end of your next shift you're going to take action. That action will include but not be limited to:
    - a report to NERA (or whoever the employment rights crowd are);
    - a report to revenue because (i) you're concerned that they aren't paying over the correct taxes and PRSI and have failed to provide you with any payslips, and (ii) have failed to pay over tax on the tips received, seeing as they're just pocketed at the end of the night;

    If they don't, follow through with the above. If you reckon you can get ANY OTHER job, if they haven't paid then when the phone rings to make a booking, or someone walks in to eat, tell the potential customers "Sure, How many is the table for? OH and I would just like you to be informed that this restaurant has failed to pay me over €1100 in wages they owe me, all earned at minimum wage". They're hitting you in your pocket, hit them in theirs if they won't pay up.


  • Registered Users, Registered Users 2 Posts: 17,573 ✭✭✭✭MEGA BRO WOLF 5000


    I'd be cracking up op. Jesus.


  • Registered Users, Registered Users 2 Posts: 1,193 ✭✭✭Smondie


    I wouldn't worry offending your neighbours. They have no problem trying to rip you off. It's them that should be ashamed of themselves.


  • Registered Users, Registered Users 2 Posts: 9,081 ✭✭✭ziedth


    job seeker wrote: »
    Like, I it's the neighbours that own the restaurant.. Family run. It has 11 staff, so I know them. It's not like, I work for a company with 200 - 300 staff.

    A company that employes 11 (full time?) Staff can't pay you €1k in wages since January? They are taking the Piss out of you OP. If they go under or you leave for another job you will never see that money. The lads are right about the minimum wage, it's based on age these days too.

    Go a litte early before your shift next meet him and ask for a quiet word. Say you are booking a holiday next week with friends and you need the money owed on your next pay day. When he fobs you off again your gonna have to stand your ground. It's not easy for everyone OP but this is a life lesson this guy has no intension of paying you you have to fight your corner here.


  • Registered Users, Registered Users 2 Posts: 1,049 ✭✭✭groovyg


    I can't believe you are still working there. I think you have let it drag on too long at this stage and the chances of getting that money are slim at this stage. Neighbours or not they have no problem exploiting you. Op can you get another job and just leave


  • Registered Users, Registered Users 2 Posts: 7,743 ✭✭✭StupidLikeAFox


    Turtle_ wrote: »
    Woah hold on,

    You're embarrassed to raise the issue of them not paying your wages because they're neighbours and you need to be able to look them in the eye etc?

    You're their neighbour and they have no problem leaving you really short of money you earned and have no embarrassment about it! Time to lose the embarrassment. You seem very young and easily bullied. Is there anyone you can get from home to back you up on this? Even just as moral support?

    At your next shift just walk up to them and tell them that if they don't have the back-pay ready for you by the end of your next shift you're going to take action. That action will include but not be limited to:
    - a report to NERA (or whoever the employment rights crowd are);
    - a report to revenue because (i) you're concerned that they aren't paying over the correct taxes and PRSI and have failed to provide you with any payslips, and (ii) have failed to pay over tax on the tips received, seeing as they're just pocketed at the end of the night;

    If they don't, follow through with the above. If you reckon you can get ANY OTHER job, if they haven't paid then when the phone rings to make a booking, or someone walks in to eat, tell the potential customers "Sure, How many is the table for? OH and I would just like you to be informed that this restaurant has failed to pay me over €1100 in wages they owe me, all earned at minimum wage". They're hitting you in your pocket, hit them in theirs if they won't pay up.

    You gave great advice up until the last bit. Don't do this - its petty and childish and you'll come across poorly. The complaint is between you and the employer so there is no need to involve customers, and it will reflect badly on you if you are bad-mouthing them to people who just want to have some dinner.

    It sounds like you actually like the job, so calmly but firmly tell them that this has gone on way too long, you have researched your options and and if it is not resolved promptly you will be left with no choice but to raise it with Nera and Revenue. Give them a few days grace and if they are still dragging their heels go to Nera and Revenue.


  • Closed Accounts Posts: 640 ✭✭✭Turtle_


    You gave great advice up until the last bit. Don't do this - its petty and childish and you'll come across poorly. The complaint is between you and the employer so there is no need to involve customers, and it will reflect badly on you if you are bad-mouthing them to people who just want to have some dinner.

    It sounds like you actually like the job, so calmly but firmly tell them that this has gone on way too long, you have researched your options and and if it is not resolved promptly you will be left with no choice but to raise it with Nera and Revenue. Give them a few days grace and if they are still dragging their heels go to Nera and Revenue.

    That's a last resort, after 6 months of being owed cash. I'd want to know if a place I was giving custom to wasn't paying their staff. It'd only take doing it once for the money to appear sharpish


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  • Registered Users, Registered Users 2 Posts: 251 ✭✭gercoral


    job seeker wrote: »
    Well, like I had some money saved and used it for college. So that's how I survived.

    Is there anyone I could call to have a inspector of some sort to come out and investigate this.. Would prefer to rock the boat as much as possible and get all I'm owed if I was to leave...

    yep dept of revenue and/or dept of social protection.
    actually I think someone from NERA came out to where i work a few years ago, asking staff members about wages, holiday pay, how many hours they work, why we get paid for bank holidays etc etc


  • Registered Users, Registered Users 2 Posts: 5,119 ✭✭✭job seeker


    gercoral wrote: »
    yep dept of revenue and/or dept of social protection.
    actually I think someone from NERA came out to where i work a few years ago, asking staff members about wages, holiday pay, how many hours they work, why we get paid for bank holidays etc etc

    I was on the work relations website last night and, I'm not able to download the complaint form for some reason.


    Also, a bit of an update. So this morning I typed out the weeks I wasn't paid, took screen shots of my banking 365 account and typed out a letter. Saying that, I have worked 6 months and stated the date which, I wasn't paid, the money owed, the fact which my parents are not pleased about the situation and also stated that I wish to have this money in my bank account by this Thursday (which is pay day) or else I'm prepared to take this further.

    So today I had all this ready and asked the manager to speak to me in private to get this sorted, she said she would. But never did, and went home. I assume she knows that their is a sh1t storm heading her way. So she deliberately ignored me.

    So, I'm going to the owner first thing in the morning. I also found out from a number of other staff that the manager has a record of pocketing money which isn't hers. So it's not looking good. However I'm adamant about getting my money.


  • Registered Users, Registered Users 2 Posts: 5,119 ✭✭✭job seeker


    I'd be cracking up op. Jesus.

    You're telling me.. A sh1t storms brewing though.. ;)


  • Registered Users, Registered Users 2 Posts: 5,119 ✭✭✭job seeker


    job seeker wrote: »
    I was on the work relations website last night and, I'm not able to download the complaint form for some reason.


    Also, a bit of an update. So this morning I typed out the weeks I wasn't paid, took screen shots of my banking 365 account and typed out a letter. Saying that, I have worked 6 months and stated the date which, I wasn't paid, the money owed, the fact which my parents are not pleased about the situation and also stated that I wish to have this money in my bank account by this Thursday (which is pay day) or else I'm prepared to take this further.

    So today I had all this ready and asked the manager to speak to me in private to get this sorted, she said she would. But never did, and went home. I assume she knows that their is a sh1t storm heading her way. So she deliberately ignored me.

    So, I'm going to the owner first thing in the morning. I also found out from a number of other staff that the manager has a record of pocketing money which isn't hers. So it's not looking good. However I'm adamant about getting my money.

    Spoke to the owner today, he assured me that he has nothing to do with the wages. I believe him as well. It's the manager and the accountant that takes care of the wages as I'm aware. He was very apologetic and was genuinely shocked by the situation. He assured me it will be sorted. He said, he will look into it himself and that who ever is at fault will be in hot water. I sure this will end in my favour. So happy enough. :)


  • Registered Users, Registered Users 2 Posts: 5,119 ✭✭✭job seeker


    Forgot to update this..

    Hi all. So I'm finished in this place now.. I'm gone back to college to finish my honours degree. As for the money? I've got all the money. :) so that's sorted, I also got remaining holiday pay I didn't know that I was entitle too. So concentrating on my degree now this year and hope to get out of the chefing and into product development when I finish in May.Which is the way I want to go.

    Thanks everyone for the advice you give me, but also the advice? for me to not be such a fool and to let people walk all over me...

    I have learned an awful valuable lesson. :)

    So thanks again everyone..


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