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Claiming after dismissal

  • 05-06-2019 3:34pm
    #1
    Registered Users, Registered Users 2 Posts: 59 ✭✭


    I was dismissed by my job yesterday. I won't go into the details just to say no laws were broken, only the companies code of conduct and they called it misconduct, I called it a mistake that I was deeply sorry for. Anyway I am applying for Jobseekers but the forms say I could be denied for up to 9 weeks if I lost my job due to dismissal. Is there anything I can do to avoid that? Is it a definite that the will deny it? Everywhere I see online say may or could not will. Any advice? Anyone had personal experience of this?


Comments

  • Registered Users, Registered Users 2 Posts: 18,067 ✭✭✭✭fryup


    is there any chance you could just get a letter off your former employer saying you left on good terms?


  • Posts: 0 [Deleted User]


    The 9 week rule is if you leave, not if you are dismissed.

    How long are you with the company?

    Companies are crying out for good staff, and don't let someone go lightly (in general), but it shouldn't affect your entitlement to SW.


  • Registered Users, Registered Users 2 Posts: 7,152 ✭✭✭Allinall


    fryup wrote: »
    is there any chance you could just get a letter off your former employer saying you left on good terms?

    If you leave voluntarily there is a 9 week wait, as far as I know.


  • Closed Accounts Posts: 525 ✭✭✭Jupiter Mulligan


    JacenSolo wrote: »
    I was dismissed by my job yesterday. I won't go into the details just to say no laws were broken, only the companies code of conduct and they called it misconduct, I called it a mistake that I was deeply sorry for. Anyway I am applying for Jobseekers but the forms say I could be denied for up to 9 weeks if I lost my job due to dismissal. Is there anything I can do to avoid that? Is it a definite that the will deny it? Everywhere I see online say may or could not will. Any advice? Anyone had personal experience of this?

    Social Welfare will contact your employer to establish why you are unemployed so you should probably get in touch with them to agree a story. Whatever you do, don't lie on the form.

    Alternatively, have you any reasonable grounds for taking an unfair dismissal case? It might enable you to get you your SW payments without the 9 week delay.

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


  • Posts: 0 [Deleted User]


    JacenSolo wrote: »
    I was dismissed by my job yesterday. I won't go into the details just to say no laws were broken, only the companies code of conduct and they called it misconduct, I called it a mistake that I was deeply sorry for. Anyway I am applying for Jobseekers but the forms say I could be denied for up to 9 weeks if I lost my job due to dismissal. Is there anything I can do to avoid that? Is it a definite that the will deny it? Everywhere I see online say may or could not will. Any advice? Anyone had personal experience of this?

    Disqualifications and Disallowances
    Section 68(6)(a) of the Social Welfare (Consolidation) Act, 2005 provides that a person may be disqualified from receipt of JB for up to 9 weeks where s/he has lost his/her employment through his/her own misconduct. The duration of the disqualification is discretionary, although it cannot exceed 9 weeks.

    http://www.welfare.ie/en/Pages/Jobseekers-Benefit.aspx

    As it says above, and as you mention, the length of the disqualification is discretionary, so put your case as best you can. It may well be applied for less than the 9 weeks.


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  • Registered Users, Registered Users 2 Posts: 18,067 ✭✭✭✭fryup


    Allinall wrote: »
    If you leave voluntarily there is a 9 week wait, as far as I know.

    but OP was dismissed


  • Registered Users, Registered Users 2 Posts: 9,420 ✭✭✭splinter65


    fryup wrote: »
    but OP was dismissed

    If you are sacked through your own misconduct then you too are subject to the 9 week disqualification.
    Otherwise, people who want to be on JSB for whatever reason could just decide to get themselves sacked in order to sign on.

    See below from citizensinformation.ie

    Disqualification from a jobseeker’s payment
    You may be disqualified from getting a jobseeker’s payment for up to 9 weeks if you:

    Left work voluntarily and without just cause
    Lost your job through misconduct
    Refused or failed to engage with activation measures where a penalty rate applied (see below)


  • Registered Users, Registered Users 2 Posts: 9,420 ✭✭✭splinter65


    The 9 week rule is if you leave, not if you are dismissed.

    How long are you with the company?

    Companies are crying out for good staff, and don't let someone go lightly (in general), but it shouldn't affect your entitlement to SW.

    No, not true.

    Disqualification from a jobseeker’s payment
    You may be disqualified from getting a jobseeker’s payment for up to 9 weeks if you:

    Left work voluntarily and without just cause
    Lost your job through misconduct
    Refused or failed to engage with activation measures where a penalty rate applied (see below)


  • Posts: 0 [Deleted User]


    splinter65 wrote: »
    No, not true.

    Disqualification from a jobseeker’s payment
    You may be disqualified from getting a jobseeker’s payment for up to 9 weeks if you:

    Left work voluntarily and without just cause
    Lost your job through misconduct
    Refused or failed to engage with activation measures where a penalty rate applied (see below)

    While that's in place to stop the absolute wasters that look to get fired I doubt it very much happens in reality with genuine cases. I've never heard of it happening.

    Apart from leaving on your own accord they needed a provision to stop those f'ing out the boss just to get fired and being eligible to claim the dole.


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