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Help, unfair dismissal?

  • 04-03-2017 8:30pm
    #1
    Registered Users, Registered Users 2 Posts: 102 ✭✭


    Hi guys, I'm hoping somebody can help me out I may possibly be losing my job and I would just like to see if it could be considered an unfair dismissal or not.
    So, I'm in college atm and started a christmas job in a department store in november. Come january my contract was up but my then manager had referred me to another department manager who was hiring a 12 hour contract at the time.
    I went down to met the supervisor (all very informal) and she asked about flexibility. I told her because I was in college I would be able to work Friday- Sunday and maybe one weekday (i.e Monday-Thursday). She said this was fine and because it was a 12 hour contract it would be mainly weekends and evenings anyways. I came back the next day to meet the manager (not an interview literally just met her on the shop floor). She told me to give her my college timetable and that I was hired. There was no interview, I didn't apply, she had not even seen my CV at this stage. I started anyways and I noticed I was there a lot (still onlny doing 12 hours but doing 3 4 and a half hour shifts over 3 days) during the week but not at the weekends. I didn't mind at the time but last week I had to tell my supervisor that my college hours had changed and that I was only available now on Wednesday afternoons, Friday-Sunday.
    Today, my other supervisor came to me and told me it wouldn't work and that they wouldn't be able to keep me on because I wasn't flexible enough. She told me that she had struggled to give me my 12 contract hours over the 4 days as it just wasn't enough days.
    I'm not sure now what can be done. Has anybody any advice or have I any rights in the matter?
    (NOTE: I am still in on probation)


Comments

  • Closed Accounts Posts: 18,268 ✭✭✭✭uck51js9zml2yt


    They can get rid of you for any reason, you have no rights.
    Have you spoken to your hiring manager?


  • Registered Users, Registered Users 2 Posts: 1,257 ✭✭✭Love2love


    You can only claim under unfair dismissal after 1 year's employment I'm afraid.


  • Registered Users, Registered Users 2 Posts: 102 ✭✭Almen11


    They can get rid of you for any reason, you have no rights.
    Have you spoken to your hiring manager?

    Hi there is no hiring manager in this circumstance only the general manager and supervisor.


  • Registered Users, Registered Users 2 Posts: 102 ✭✭Almen11


    Love2love wrote: »
    You can only claim under unfair dismissal after 1 year's employment I'm afraid.

    I didn't know this, thank you.


  • Registered Users, Registered Users 2 Posts: 26,295 ✭✭✭✭Mrs OBumble


    And even so - you're not being dismissed exactly.

    Rather, you've changed your availability. You're not able to work the hours they want. They've tried to work around you, but they cannot.


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  • Registered Users, Registered Users 2 Posts: 554 ✭✭✭Creol1


    Commiserations on the situation. Do you have a contract of employment? You are entitled to a written statement of your terms of employment.

    As others have pointed out, you wouldn't have a case under the Unfair Dismissals Act, but there could be legal issues if the employer is not abiding by their own stated procedures.


  • Posts: 0 [Deleted User]


    And even so - you're not being dismissed exactly.

    Rather, you've changed your availability. You're not able to work the hours they want. They've tried to work around you, but they cannot.

    `they said in their post that they had told them they were available only Friday to Sunday and maybe one week day.. but if you read further down all the hours they were getting were during the week. Doesn't sound like they were trying to work around them .


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


    `they said in their post that they had told them they were available only Friday to Sunday and maybe one week day.. but if you read further down all the hours they were getting were during the week. Doesn't sound like they were trying to work around them .

    Sounds like op is "casual labour" with no fixed hours.

    Op seems to be askingif there is anything he/she can do about this. Given the fact that the op is there less than 1 year and does not have a fixed arrangement for hours/days, there is very little that can be done apart from putting forward his/her case for more preferable working days. If he/she won't/can't work the rostered days, they surely have many who can. That is the way part time retail jobs often work.


  • Registered Users, Registered Users 2 Posts: 102 ✭✭Almen11


    I have spoken to my manager and I have tried to compromise and told her that there is only really 2 days in the whole week that I can not do.She claims that I was hired only as a weekday lunch cover/ closing time employee which was never ONCE clarified to me otherwise I wouldn't have been so shocked by her response the first time. She hasn't been very kind about the situation and it's highly likely I will now lose my job. I am just so frustrated that she hired me knowing I am in college and that is a priority yet expects me to bend over backwards for a 12 hour contract.
    I really wish there were more laws and regulations that protected young part-time employees.


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


    I'm sorry op, but this should not be a situation where the job makes every effort to suit you. You are a student and this is a part time job. Most students are glad of any hours they get, most employers view students as cheap and expendable labour. Usually it works for both parties if you can work the hours they need you, if you can't work those hours or if they can't offer the hours you can work, then they will most likely get a student/part time worker who can.

    I suspect you have burned your bridges at this stage so time to move on. In relation to laws/regulations, if employers wanted more flexible employees to do these jobs, they would not hire students so if laws/regulations did exist for this type of scenario, you would not be high on the list of applicants.


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