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Fear that I might have been fired from work due to reporting pain in leg

  • 24-08-2019 11:39am
    #1
    Registered Users, Registered Users 2 Posts: 112 ✭✭


    I recently started a new job as a scientist in a factory. However, having started there I've become aware that my lab isn't set up yet, so they've put me doing other jobs.

    This week I was put doing a job that involved lifting pallets out from underneath a 1 tonne bag (lifted by a fork lift) and then dragging them a significant distance. Anyway I woke up yesterday morning with a sore left groin. I didn't know why, or have much time to think about it, but when I was put doing this task again yesterday (third day of it), it made sense how I got the pain. The position I was in and the movement required was clearly what was causing it. I didn't feel I should have to continue.

    It was a hard decision to make but I decided to notify the lab supervisor that I had a pain in my upper thigh. After all that what we were informed to do during our H&S / manual handling induction talks. I think she was a little suspicious when I notified her of this. I had already mentioned another safety concern I had to her two days prior, and that was about the proximity of the 1 tonne bag.

    Later on, by chance, I saw this supervisor bump into the guy, who was working moving pallets with, in the yard as he was going for his tea break. I saw them talking for a bit. A few minutes later, I went for my own tea break and after a while this supervisor stuck her head in the door looking for me. When I went out to her she told me that the head manager said to take the week off (unpaid)! I replied "I'll take the weekend off and see how I feel". She eventually said that the main manager was over in her office and that I could go over and see her.

    So I went over and had a quick chat with the manager. She didn't seem like she wanted to even know how this happened to me, nor did she take a note of it. At one point she said "well, it's not the factory's fault... people have been doing job like that for years and have never had any complaints". This is the same factory where someone had the top of their finger chopped off a few weeks ago.

    There were four other science grads taken on full time the same week as me and none of them are doing repetitive physical work. I also know from having spoken to the supervisor that she doesn't even understand what the job that I was doing involves! The manager made the excuse that the only reason I'm doing this task is just to get a sense for what's going on so I'll know where such samples come from when their sent over to my lab. That's complete nonsense. They're using me as a store house worker even though I was hired as a scientist.

    Surprisingly it's feeling a lot better today, but that was only because I took the precaution in stopping early. I'd like to know what employee rights do I have in this situation. I think I'm going to show up on Monday and clock in, and request that we sit down and have a talk about my situation.


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Comments

  • Closed Accounts Posts: 22,648 ✭✭✭✭beauf


    Get another job.

    If you are not used to heavy lifting you are very likely to get injured doing it. Or a strain until you get used to it.

    Only someone who isn't used to doing that kinda work is going to come out with that rubbish. They'll never get it.


  • Registered Users, Registered Users 2 Posts: 112 ✭✭Game of Thrones Fan


    beauf wrote: »
    Get another job.
    Like I haven't thought of that?
    beauf wrote: »
    Only someone who isn't used to doing that kinda work is going to come out with that rubbish. They'll never get it.
    Well I'm going to show up on Monday and talk to the site health and safety guy about it.


  • Closed Accounts Posts: 1,523 ✭✭✭Sonny noggs


    Funny, when I read the OP I thought of the ‘skeptical job offer’ thread from a few months back. Sorry but they have been leading
    you on from day one.


  • Registered Users, Registered Users 2 Posts: 17,819 ✭✭✭✭peasant


    So you've been lifting and pulling pallets which weigh about 30 kg or so for a few days and now you're a bit sore?

    It's called work and if you're not used to it, you're going to feel it.

    Obviously it's not the kind of work you're used to, or the kind of work that you signed up for ...but...I think you need to man up a bit and just get on with it until your lab is ready for you.

    Otherwise you'll quickly get yourself a reputation for being delicate and difficult.
    They're using me as a store house worker even though I was hired as a scientist

    As long as they are paying you as a scientist and there is an end of your yard work in sight ...just get on with it.


  • Registered Users, Registered Users 2 Posts: 112 ✭✭Game of Thrones Fan


    peasant wrote: »
    So you've been lifting and pulling pallets which weigh about 30 kg or so for a few days and now you're a bit sore?

    It's called work and if you're not used to it, you're going to feel it.

    Obviously it's not the kind of work you're used to, or the kind of work that you signed up for ...but...I think you need to man up a bit and just get on with it until your lab is ready for you.

    Otherwise you'll quickly get yourself a reputation for being delicate and difficult.



    As long as they are paying you as a scientist and there is an end of your yard work in sight ...just get on with it.
    I spoke to my father about it. He said their actually not within their rights to do this, and that I'm actually really on suspension.


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  • Registered Users, Registered Users 2 Posts: 6,555 ✭✭✭Augme


    Since you are only new you aren't cover by employment laws so it's a difficult situation. Your options depend on badly you want/need your job. If your current work isn't listed in your contract you can refuse to do it, however don't be surprised if they just let you go.


  • Registered Users, Registered Users 2 Posts: 32,136 ✭✭✭✭is_that_so


    Whatever about the issues with the company that just sounds like a body not used to certain physical activities. The OP does give the impression that they are not especially happy in the workplace. That means one of two things to me, either going with the current arrangement while exploring your concerns or find a new job.


  • Registered Users, Registered Users 2 Posts: 947 ✭✭✭Irishder


    Few questions:
    - Did they refer you to the company doctor?
    - Did you go to your own doctor?
    - If so do you have a cert?
    - Are you applying for social welfare when you are out sick.

    Looks like the company are not up to speed on HR policies, your manager is not qualified to send you home sick. Is there a union?


  • Registered Users, Registered Users 2 Posts: 22,608 ✭✭✭✭Tell me how


    Op,

    You are likely within your probabtion period for the role and so they can really get rid of you for any reason, at short notice.
    Why did you agree to take part in manual work as you have been doing after having been hired as a scientist?
    You seem to be trying to be a team player, on one hand (doing the work) but are at risk of turning in to a nuisance with reporting what seems like fairly minor and somewhat expected pain when starting to use muscles which are not used to it.

    I would imagine that you could have busied yourself with reviewing manufacturing procedures, SOP's material data sheets, production operations etc etc etc in order to prepare for your role until the lab is ready without having to go off doing what is a different job.

    No one should refuse to help out where they can, but to prove you value your qualifications, skill and capabilities as a scientist, in future I wouldn't agree to spending several days doing manual work unless it was part of the job description of the role which you have been hired for.


  • Registered Users, Registered Users 2 Posts: 112 ✭✭Game of Thrones Fan


    Op,

    You are likely within your probabtion period for the role and so they can really get rid of you for any reason, at short notice.
    Why did you agree to take part in manual work as you have been doing after having been hired as a scientist?
    You seem to be trying to be a team player, on one hand (doing the work) but are at risk of turning in to a nuisance with reporting what seems like fairly minor and somewhat expected pain when starting to use muscles which are not used to it.
    I didn't so much agree, but it was more the case that I took "try to earn myself some good will" attitude. The supervisor was the one who brought me down to this part of the factory the first day I did it, and she didn't even come in with me. It was a production worker who showed me what to do. It took me a while to realise that I was doing manual labor. Is that when you would've stopped?

    A small part of the task I described involves taking a sample, so that's the sciency part. But there is another girl who'll have more direct contact with dealing with these samples, and she has had nothing to do with it.


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  • Banned (with Prison Access) Posts: 1,167 ✭✭✭Fan of Netflix


    I wonder would a female scientist be asked to move heavy pallets around the yard? Probably not I would assume. Everyday sexism in action. They'd probably have a front page in the Irish Times if they pulled that on a woman. They seem to fear you standing up for yourself.


  • Posts: 0 [Deleted User]


    The op is on a graduate program that has no structure or mentor?, they spend most of there time lifting and pulling heavy weights and were given no equipment or health and safety training?.

    If all of that is true they would be better off looking for another job, but leave on good terms.

    Did they have an induction day and discussed what the graduate program consisted of?.


  • Registered Users, Registered Users 2 Posts: 112 ✭✭Game of Thrones Fan


    mariaalice wrote: »
    The op is on a graduate program that has no structure or mentor?, they spend most of there time lifting and pulling heavy weights and were given no equipment or health and safety training?.

    If all of that is true they would be better off looking for another job, but leave on good terms.

    Did they have an induction day and discussed what the graduate program consisted of?.
    No, it's not actually a graduate program.


  • Registered Users, Registered Users 2 Posts: 112 ✭✭Game of Thrones Fan


    I've been fired.

    Manager said that the job spec has changed, that she's letting me go, and that a new job spec will have to made available for which I can apply to. She's saying that all of a sudden they don't need to take as many samples as before and therefore the new job spec is going to involve manual labor as well as laboratory work.

    All this goes completely against the contract which I pointed out. After being fired, I spoke with the site H&S person, and he said he might be able to talk about this today with me, but I haven't heard from him. They're paying me until tomorrow, and that's it.

    Is there anything I can do about this? with all the laws we have in our country, is there anything that I can do?


  • Posts: 0 [Deleted User]


    I've been fired.

    Manager said that the job spec has changed, that she's letting me go, and that a new job spec will have to made available for which I can apply to. She's saying that all of a sudden they don't need to take as many samples as before and therefore the new job spec is going to involve manual labor as well as laboratory work.

    All this goes completely against the contract which I pointed out. After being fired, I spoke with the site H&S person, and he said he might be able to talk about this today with me, but I haven't heard from him. They're paying me until tomorrow, and that's it.

    Is there anything I can do about this? with all the laws we have in our country, is there anything that I can do?

    It would be better to leave and get a reference, the work environment sounds a bit messy and disorganised at least you have a bit of work experience for your CV. Also, why would you want to stay there, are you a science graduate with no paid work in a lab before this?.


  • Registered Users, Registered Users 2 Posts: 112 ✭✭Game of Thrones Fan


    I wonder would a female scientist be asked to move heavy pallets around the yard? Probably not I would assume. Everyday sexism in action. They'd probably have a front page in the Irish Times if they pulled that on a woman. They seem to fear you standing up for yourself.
    That's only going to make me more annoyed.

    Who knows, maybe decades from now there'll be a trend towards men's rights, and we'll hear it all over the TV and radio about how hard it is to be a man!


  • Registered Users, Registered Users 2 Posts: 112 ✭✭Game of Thrones Fan


    mariaalice wrote: »
    It would be better to leave and get a reference, the work environment sounds a bit messy and disorganised at least you have a bit of work experience for your CV. Also, why would you want to stay there, are you a science graduate with no paid work in a lab before this?.
    I've got an MSc but have never had lengthy experience outside college. I've always struggled to get work.

    If I put it on the CV, it'll only look suspicious if I was only there a week. The first thing I'll be asked is why I left!


  • Posts: 0 [Deleted User]


    I've got an MSc but have never had lengthy experience outside college. I've always struggled to get work.

    If I put it on the CV, it'll only look suspicious if I was only there a week. The first thing I'll be asked is why I left!

    What has it got to with men rights?

    Its best not to personalise this it did not work out mainly because it seems a bit disorganised as a workplace you will get another job.

    How long is it since you finished your MSc?


  • Posts: 0 [Deleted User]


    probationary period and theyve made the role redundant with significant changes to be made to the profile before going out again

    hard luck

    maybe the next person wont mind/will be more used to doing a bit of lugging but it doesnt sound like this was a good gig for you


  • Registered Users, Registered Users 2 Posts: 112 ✭✭Game of Thrones Fan


    mariaalice wrote: »
    What has it got to with men rights?

    Its best not to personalise this it did not work out mainly because it seems a bit disorganised as a workplace you will get another job.

    How long is it since you finished your MSc?
    August of last year. And there was another gap year before the master! It seems I'm not too good at interviews and that there are hardly any roles for entry level people.


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  • Banned (with Prison Access) Posts: 1,167 ✭✭✭Fan of Netflix


    mariaalice wrote: »
    What has it got to with men rights?

    Its best not to personalise this it did not work out mainly because it seems a bit disorganised as a workplace you will get another job.

    How long is it since you finished your MSc?
    Would they ask a female scientists to lift heavy pallets in the yard, yes or no?No and yet we have regular media about the difficulties of women in STEM. Thats how upside down this country is.


  • Registered Users, Registered Users 2 Posts: 64 ✭✭sharpsuit


    OP can take a penalisation complaint against the former employer pursuant to section 27 of the Safety, Health and Welfare at Work Act, which protects employees raising issues of health and safety in the workplace. Recourse via the Workplace Relations Commission.


  • Registered Users, Registered Users 2 Posts: 32,136 ✭✭✭✭is_that_so


    I've got an MSc but have never had lengthy experience outside college. I've always struggled to get work.

    If I put it on the CV, it'll only look suspicious if I was only there a week. The first thing I'll be asked is why I left!
    Sorry to hear the way it worked out. The change in job spec is enough of an explanation and you have been invited to apply again, but it is clearly not for you. I'd put it on the CV and just move on from this.


  • Banned (with Prison Access) Posts: 1,167 ✭✭✭Fan of Netflix


    sharpsuit wrote: »
    OP can take a penalisation complaint against the former employer pursuant to section 27 of the Safety, Health and Welfare at Work Act, which protects employees raising issues of health and safety in the workplace. Recourse via the Workplace Relations Commission.
    Agreed and OP could try take some legal advice. That will put might put some manners on them. Sounds like a cowboy operation, like many in ths country. I doubt a reference will be forthcoming either way.


  • Registered Users, Registered Users 2 Posts: 4,844 ✭✭✭jackboy


    Instead of complaining about the issue you should have proposed a solution. A simple manual pallet lifter would make that task easier for everyone and probably faster too.


  • Registered Users, Registered Users 2 Posts: 32,136 ✭✭✭✭is_that_so


    Agreed and OP could try take some legal advice. That will put might put some manners on them. Sounds like a cowboy operation, like many in ths country. I doubt a reference will be forthcoming either way.
    A lot of references just state that X worked here from Day 1 to their final day, with no commentary one way or the other.


  • Banned (with Prison Access) Posts: 1,167 ✭✭✭Fan of Netflix


    is_that_so wrote: »
    A lot of references just state that X worked here from Day 1 to their final day, with no commentary one way or the other.
    Would they give a reference though and if you leave their contact details on there, would you be comfortable with a perspective future employer ringing them?

    Also is it worth having 1 week employment on your CV? They could question why you left. Unless you didn't put the length of work on.


  • Posts: 0 [Deleted User]


    The op worked there a week and people are saying get legal advice get a grip. The first real job the op got wasn't great they will get another job the end.


  • Registered Users, Registered Users 2 Posts: 32,136 ✭✭✭✭is_that_so


    Would they give a reference though and if you leave their contact details on there, would you be comfortable with a perspective future employer ringing them?

    Also is it worth having 1 week employment on your CV? They could question why you left. Unless you didn't put the length of work on.
    My impression of references is that they'll only give basics anyway, to avoid being sued. I think it depends how much benefit you see to it being on the CV. It does show an employer prepared to take a risk and if you're light on experience it might make sense. Judgement call IMO but in this circumstance I personally would put it on.


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  • Closed Accounts Posts: 2,817 ✭✭✭Raconteuse


    They didn't "not give" a female scientist the job of heavy lifting so why bring up sexism?

    Sounds like a horrible place - you're better off. Legally you haven't got a leg to stand on (ba-doom!)

    Don't agree either with the "hard chaws" saying it's just work, suck it up. If it was causing muscle strain then it's not just work.

    Onwards and upwards.


  • Registered Users, Registered Users 2 Posts: 1,219 ✭✭✭airy fairy


    Put it on your CV.
    No point in hiding it.
    Last thing you need is details from revenue about your tax, previous employer etc ending up on the table of the next payroll dept.


  • Banned (with Prison Access) Posts: 1,167 ✭✭✭Fan of Netflix


    mariaalice wrote: »
    The op worked there a week and people are saying get legal advice get a grip. The first real job the op got wasn't great they will get another job the end.
    You never answered my question. You sound a bit like the OPs manager. If they done nothing wrong they have nothing to fear legally.


  • Posts: 0 [Deleted User]


    Maybe the op dose not mean it but they are coming across as a bit paranoid and a contrarian female scientists etc, they are not helping themselves much. In theory it should make no difference if you are a contrarian as long as you do the work but in reality, it dose.


  • Closed Accounts Posts: 115 ✭✭knockers84


    Just put your head down and get on with it. You came across as a trouble maker, whatever you came across they didn’t like you. I’m in IT and constantly have to lift large pieces of equipment.

    Could you not just of keeping your mouth shut until the lab was setup. This whole rights things and getting legal advice is pretty sad.

    PC brigade culture


  • Registered Users, Registered Users 2 Posts: 112 ✭✭Game of Thrones Fan


    is_that_so wrote: »
    Sorry to hear the way it worked out. The change in job spec is enough of an explanation and you have been invited to apply again
    I have not really been invited to apply again. That's nonsense.


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  • Registered Users, Registered Users 2 Posts: 32,136 ✭✭✭✭is_that_so


    I've been fired.

    Manager said that the job spec has changed, that she's letting me go, and that a new job spec will have to made available for which I can apply to. She's saying that all of a sudden they don't need to take as many samples as before and therefore the new job spec is going to involve manual labor as well as laboratory work.

    All this goes completely against the contract which I pointed out. After being fired, I spoke with the site H&S person, and he said he might be able to talk about this today with me, but I haven't heard from him. They're paying me until tomorrow, and that's it.

    Is there anything I can do about this? with all the laws we have in our country, is there anything that I can do?
    I have not really been invited to apply again. That's nonsense.
    Eh, you said it yourself. Anyway think I'm done offering advice to someone who just wants to vent. I wish you the best of luck in your job hunting.


  • Registered Users, Registered Users 2 Posts: 3,643 ✭✭✭dubrov


    Forget about putting it on your CV. It will not add top your employability.

    Check the notice period in your contract. They'll have to pay you for that.


  • Registered Users, Registered Users 2 Posts: 255 ✭✭mcgucc22


    Raconteuse wrote:
    They didn't "not give" a female scientist the job of heavy lifting so why bring up sexism?


    Heavy lifting?, he was dragging pallets across the yard.


  • Registered Users, Registered Users 2 Posts: 298 ✭✭pjdarcy


    Don't stick it on your CV and just put this one down to experience OP. Lesson learned: don't rock the boat during your probation period. Work hard and don't bother your boss if you can avoid it.


  • Users Awaiting Email Confirmation Posts: 1,105 ✭✭✭Limpy


    You should have undergone a manual handling course before any lifting. Report them to the rightful authority. You should get compensation for any loss as a result of being out of work because of the lifting.


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  • Registered Users, Registered Users 2 Posts: 1,219 ✭✭✭airy fairy


    The facts are, you complained twice within a few days of starting a job. Complaints, that may be substantiated, but who knows, it's only your interpretation of what moving pallets are etc.
    I've been involved in start up situations of pharmas, everybody chips in to help, whatever needs doing, be it going to the wholesaler for toilet paper or making coffees, or writing a purchase order of something you've no idea of only you've been asked to do it, regardless of the label you've been employed under.
    Life and careers will throw all sorts at you, but I think you need to keep the head down in the next job, and suck it up before you start throwing legal teams, unions and telling your ma about how the bad man keeps getting you to work hard.
    Ffs.


  • Closed Accounts Posts: 115 ✭✭knockers84


    Just to add to to my previous comment, I worked in IT in a factory for two years. I was seconded by my employer and have 10 years experience in IT and was used to sitting at a desk.

    I was up on 12 foot ladders cabling and carrying it all over the site, lifting very heavy pieces of equipment, servers, 20KG printers. Up outside on ladders screwing cameras off walls and checking network cables, even endeded up putting new desks together and setting up desks with 8 screens attached to a heavy stand.

    Did I like the work , No! Did I get on with it, Yes! Did I complain No! If it’s a factory environment your in everyone chips in. Your too soft OP


  • Registered Users, Registered Users 2 Posts: 4,636 ✭✭✭FishOnABike


    airy fairy wrote: »
    Put it on your CV.
    No point in hiding it.
    Last thing you need is details from revenue about your tax, previous employer etc ending up on the table of the next payroll dept.

    One week is not worth putting on a CV. It would raise more questions than it would be anyway helpful.

    A new employer only needs to be advised of tax credits for payroll, no details of previous employer(s) needs to be made available to any future employer(s) by revenue.


  • Posts: 0 [Deleted User]


    I wonder would a female scientist be asked to move heavy pallets around the yard? Probably not I would assume. Everyday sexism in action. They'd probably have a front page in the Irish Times if they pulled that on a woman. They seem to fear you standing up for yourself.

    Have to admit, when reading the opening post, I thought the op was a female scientist.

    Seems it was a bit of muscle strain which went after a few days. If the op struggles to get a job and is only there a few days and the task was a temporary one, maybe it would have been better to hold on.


  • Closed Accounts Posts: 2,817 ✭✭✭Raconteuse


    I wonder would a female scientist be asked to move heavy pallets around the yard? Probably not I would assume. Everyday sexism in action. They'd probably have a front page in the Irish Times if they pulled that on a woman. They seem to fear you standing up for yourself.
    Wo... that's some escalation. A scenario conjured up from virtually nothing.

    But on the case in question - always folk trying to act the hard nut on this forum. I think the treatment was shabby and taking advantage. And he should just carry on with muscle pain? Ridiculous.

    Some people here seem to pretend to pine for ye olden days when workers were treated terribly.

    You should work hard doing what you're paid to do, and not be expected to do work that causes soreness as described by the OP.

    Misuse of "PC" too.


  • Closed Accounts Posts: 115 ✭✭knockers84


    Raconteuse wrote: »
    Wo... that's some escalation. A scenario conjured up from virtually nothing.

    But on the case in question - always folk trying to act the hard nut on this forum. I think the treatment was shabby and taking advantage. And he should just carry on with muscle pain? Ridiculous.

    Some people here seem to pretend to pine for ye olden days when workers were treated terribly.

    You should work hard doing what you're paid to do, and not be expected to do work that causes soreness as described by the OP.

    Misuse of "PC" too.

    “Not Expected to do work that causes soreness”

    Really? No one is trying to act the hard nut but every job isn’t sunshine, lollipops and rainbows. Get on with the job and if you don’t like it leave.

    It’s a factory/plant environment, no wonder OP got let go complain about lifting a pallet ffs. Better off getting rid of now instead of OP causing a lot more trouble down the line.


  • Registered Users, Registered Users 2 Posts: 4,844 ✭✭✭jackboy


    Raconteuse wrote: »
    But on the case in question - always folk trying to act the hard nut on this forum. I think the treatment was shabby and taking advantage. And he should just carry on with muscle pain? Ridiculous.

    Some people here seem to pretend to pine for ye olden days when workers were treated terribly.

    You should work hard doing what you're paid to do, and not be expected to do work that causes soreness as described by the OP.

    A bit of physical work every now and again should not be an issue. It’s week one in a graduate position, it’s not excessive to have him doing this work. Loads of jobs entail work where muscle soreness is common.

    I have worked as a scientist for twenty years. Myself and my colleagues are expected to lug around a few pallets every now and again. I have never heard anyone complain with this work.


  • Registered Users, Registered Users 2 Posts: 5,380 ✭✭✭STB.


    A lot of people admitting here that they do work that is not relative to their work. Bigger fools you, if you have an accident, and your company turns around and says you shouldn't have been doing it.

    @OP. Was physical work "down the warehouse" part of your job spec ?

    The other labs guys were not asked to do the same ?

    Sounds like they fired you to head off an insurance claim. The answer was already given to you in this thread by the way. Do it.

    http://www.irishstatutebook.ie/eli/2005/act/10/section/27/enacted/en/html


  • Closed Accounts Posts: 115 ✭✭knockers84


    STB. wrote: »
    A lot of people admitting here that they do work that is not relative to their work. Bigger fools you, if you have an accident, and your company turns around and says you shouldn't have been doing it.

    @OP. Was physical work "down the warehouse" part of your job spec ?

    The other labs guys were not asked to do the same ?

    Sounds like they fired you to head off an insurance claim. The answer was already given to you in this thread by the way. Do it.

    http://www.irishstatutebook.ie/eli/2005/act/10/section/27/enacted/en/html

    Most contracts now state now any jobs outside your usual remit. Also the OP did manual handling so workplace is covered.


  • Registered Users, Registered Users 2 Posts: 4,844 ✭✭✭jackboy


    STB. wrote: »
    A lot of people admitting here that they do work that is not relative to their work. Bigger fools you, if you have an accident, and your company turns around and says you shouldn't have been doing it.

    @OP. Was physical work "down the warehouse" part of your job spec ?

    The other labs guys were not asked to do the same ?

    Sounds like they fired you to head off an insurance claim. The answer was already given to you in this thread by the way. Do it.

    http://www.irishstatutebook.ie/eli/2005/act/10/section/27/enacted/en/html
    Don’t do it. You are starting off in your career. You don’t want your name blackmarked in the industry.


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