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Eployment Claim Query

  • 09-02-2022 3:00pm
    #1
    Registered Users, Registered Users 2 Posts: 105 ✭✭


    I have been offered a promotion, which I have been doing for a month, but I was never offered a new contract with a new salary because of time, I have agreed to take on the new role and wait for the new contract negotiation to take place in good faith, and just now, HR approached me with an offer of just a 5% increase, this new job is much higher than my previous one, I previously didn't have anyone reporting to me, now I do, even Managers reports to me now, the pay rise they offered me is still within the threshold of my old job, meaning that I would get paid a salary offered for people doing my old job, but with much more responsibilities, heading a whole department.

    I have refused the offer, and I have requested to be reinstated with my old job, since I could get that 5% increase on its own during the summer when my salary review would take place under normal circumstances, saving me the hassle of working longer hours, stress, and the level of responsibility I now have. Officially, in the HR system, I am still on record with my old job position, as I did not officially accept the new role. Now they are saying that they need to evaluate whether is good for them to re-instate me with my old job, BTW, we have an opening for my old job which has not been filled yet.

    My take on it is: either I go back doing my old job, or I quit, as I will not do this new job for the same pay that people reporting to me receive.

    If I quit and get a new job fast enough (within 2 months), do I have grounds for a constructive dismissal claim or any other type of claim? I would also like to know if it could be worth involving the Workplace Relations Commission to mediate in this matter.



Comments

  • Registered Users, Registered Users 2 Posts: 6,548 ✭✭✭Claw Hammer


    Constructive dismissal only operates when working conditions are intolerable such that no one could be expected to put up with them. It is a very difficult case to bring home. You are better off to say what salary you want for your new job and hint that if you don't get it you will leave. That is to say call their bluff.



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