How should a worker take action over being dangerously overworked?

erudec

The employee in question can't actually go to rights commissioners or other Irish industrial tribunals because she/he works for the state and those employees are exempt.

So I know the only recourse is the courts. The issue is that (s)he is being swamped with tasks with impossible deadlines and is punished when the work has errors in it, due to rushed work.

What are the worker's options in common law? I'm not a psychiatrist so I can't say what exactly the nature of the harm is, except to say it's serious.

goz83

Bullying => constructive dismissal comes to mind. However, legal advice won't be offered here. A solicitor needs to be spoken to for that...ideally someone who specialises in the area of employment

erudec

goz83 wrote: »

Bullying => constructive dismissal comes to mind. However, legal advice won't be offered here. A solicitor needs to be spoken to for that...ideally someone who specialises in the area of employment

So the employee has to quit, then hope that a tribunal will construe it as being forced out of the job.

Also, I think the legislation doesn't cover all workers.

Does anyone know of any possibilities that don't involve the employee tendering her/his resignation? A high court injunction, perhaps?

goz83

erudec wrote: »

So the employee has to quit, then hope that a tribunal will construe it as being forced out of the job.

Also, I think the legislation doesn't cover all workers.

Does anyone know of any possibilities that don't involve the employee tendering her/his resignation? A high court injunction, perhaps?

My point I think is misunderstood. From you OP, it sounds like bullying, which could lead to dismissal, or constructive dismissal, or outside of that, much worse. A solicitor who works in this area can advise....before it gets worse.

erudec

goz83 wrote: »

My point I think is misunderstood. From you OP, it sounds like bullying, which could lead to dismissal, or constructive dismissal, or outside of that, much worse. A solicitor who works in this area can advise....before it gets worse.

OK, thanks for the advice.

If anyone is a solicitor who works in this area, I'd love to see your two cents.

The problem with solicitors is they charge you hundreds of euro even if all they say is "your class of employee has no recourse short of resigning, then rolling the dice".

This person's plan A is to just keep the CVs going out, save like mad and escape to another job as soon as possible. She/he won't consider a solicitor unless there is at least some vague, sketchy outline of an actual law that applies to the circumstances.

So again: if anybody knows of some laws that might apply, it would be very helpful indeed.

Nobody will be angry if you make a mistake. Everything will be double checked.

hullaballoo

Many solicitors offer a free or very cheap first consultation to explore the viability of any prospective case. Ring around and I am sure you will find someone.

lifeandtimes

Has the worker discussed this with their superior? Maybe the superior doesn't know that the worker is overworked and could keep giving them work under the impression they can handle it and then they get scolded when the work isn't up too part as expected from them.

First point of call discuss with manager and see if work can lightened or help can be provided,it's a managers job to make sure the worker has the skills etc to do their job and all help that may be necessary,if manager doesn't play ball then it's time to involve a union member or solicitor.

johnnyskeleton

Most state employees are unionised. Have they spoken to the union rep? The larger unions also have internal legal adivsers who can probably give the person a steer.

davindub

erudec wrote: »

The employee in question can't actually go to rights commissioners or other Irish industrial tribunals because she/he works for the state and those employees are exempt.

So I know the only recourse is the courts. The issue is that (s)he is being swamped with tasks with impossible deadlines and is punished when the work has errors in it, due to rushed work.

What are the worker's options in common law? I'm not a psychiatrist so I can't say what exactly the nature of the harm is, except to say it's serious.

If your friend looks up their grievance procedures they are normally strong in all state bodies, no need for legal work just yet.

But if they are in a trainee role, it could be part of the training that goes with the role, ability to work quickly under deadlines rather than with the state department or just the supervisor has poor time management skills and can't manage their resources.

Best to sort out using internal procedures first. A decent employment solicitor will cost about 6-800 euros for the consultation ( a senior and junior solicitor for the hour)

Samuel T. Cogley

davindub wrote: »

Best to sort out using internal procedures first. A decent employment solicitor will cost about 6-800 euros for the consultation ( a senior and junior solicitor for the hour)

See Hullaballoo's post above, which is also my personal experience. Although one should try and resolve it internally first.

davindub

Libertarian Kant wrote: »

See Hullaballoo's post above, which is also my personal experience. Although one should try and resolve it internally first.

I'm sure it is, "decent employment" solicitors are specialised. The ones I know don't do cheap consultations, which would be the bulk of their caseload.

Samuel T. Cogley

davindub wrote: »

I'm sure it is, "decent employment" solicitors are specialised. The ones I know don't do cheap consultations, which would be the bulk of their caseload.

Each to their own, but I do think, at this stage, you're suggesting a senior Consultant for a sprained ankle. If a GP solicitor was having an issue they could always employ counsel if it came to that. Of course it's nice to have a big firm letterhead landing on the doormat of the employer concerned but perhaps not the most sensible approach straight out the gate?

rock22

erudec wrote: »

The employee in question can't actually go to rights commissioners or other Irish industrial tribunals because she/he works for the state and those employees are exempt.
---.

That is a very broad statement and is not correct. Has you friend actually contacted any tribunal and have their case dismissed on this grounds?

Having said all that, most tribunals will expect that all internal mechanisms are exhausted first. What has your friend actually done to resolve, or try to resolve, the matter,

davo10

erudec wrote: »

The employee in question can't actually go to rights commissioners or other Irish industrial tribunals because she/he works for the state and those employees are exempt.

So I know the only recourse is the courts. The issue is that (s)he is being swamped with tasks with impossible deadlines and is punished when the work has errors in it, due to rushed work.

What are the worker's options in common law? I'm not a psychiatrist so I can't say what exactly the nature of the harm is, except to say it's serious.

Op, the moritorium on public service hiring meant that a huge percentage of public servants are overworked. "Dangerously" overworked is a subjective opinion, others may be doing similar tasks yet have a different opinion. I would suspect it would be difficult to prove it is dangerous, particularly as judges/tribunal employees are also working hard with large caseloads.

This is what unions are for.

Johnboy1951

Do employees no longer have the capability of saying, "no I cannot do that within the time frame as I have other priorities yet to be finished"? and/or "I will get to it as soon as my desk is clear".

flatty

Join the civil service.