just been sacked

Mrs.Babalady · 07-02-2005 2:30pm #1

One of my collegues has just been sacked. They gave them 2 weeks notice.
Said collegue is v.upset & shocked as are we all. I'm not going into detail but they are being sacked very unfairly.

My question is can they just go home today, not return & get paid the notice or do they have to work the notice period to be paid?

Thanks in advance

cajun_tiger · 07-02-2005 2:34pm

it depends really.. i handed in my notice once. on the wednesday i gave them my months notice. was out sick the wednesday and thursday. on the friday was told heres your weeks notice and a week in advance. you don't have to work it out.

Shrimp · 07-02-2005 2:34pm

I'm pretty sure if they leave today, then they are bassically quitting, so they shouldn't get paid if they quit?

Dub13 · 07-02-2005 2:35pm

Tell them to ring the Labour Court if they think that they have been treated unfairly.

Downtime · 07-02-2005 2:37pm

You might find the right info on www.oasis.gov.ie you'll find all the info you need

Mrs.Babalady · 07-02-2005 2:48pm

thanks guys.

Downtime, I checked oasis & as far as I can understand you can go home if your employer agrees to pay you. I can't see that happening in this case though.

Just feel so bad for them as they are clearly being victimised & just want to leave & get away. They won't ring the labour court. I think I would feel the same. Just want to hide away & lick my wounds.

Shrimp · 07-02-2005 2:50pm

Ok, seems like they are exteamly upset about this.. For us to understand, can you give any details. In not draw a comparison to something? Thanks

Mrs.Babalady · 07-02-2005 3:04pm

They stepped on the feet of the bosses mistress who works here also.
That's it in a nutshell.

It's a horrible situation.

koneko · 07-02-2005 3:06pm

If they were unjustly sacked then they should file a complaint, and take it higher. Things like this will happen if people continue to let them happen. If they didn't deserve to get sacked then they shouldn't just take it .

dudara · 07-02-2005 3:08pm

Is it the absolute boss of the company who fired them, or is there someone else above him that they can complain to?

Gilgamesh · 07-02-2005 3:09pm

agree with koneko,
not much info was the 'footstepping' with the bosses' miss in prvate or at work, also how severe was it? did it breach company policy or anything?
if not, then they have no grounds for the sacking, of course, that depends what type of contract they have with the company

okidoki987 · 07-02-2005 3:09pm

If he/she is being sacked, then the company has to pay him/her off.
Talk to the union (if he/she has one) and then get your own back.
Ring his missus and give her dates with all the gory details etc.
That will soften his cough!
Of course after he/she gets the redundancy cheque.

koneko · 07-02-2005 3:11pm

Gilgamesh wrote:

if not, then they have no grounds for the sacking, of course, that depends what type of contract they have with the company

Indeed, what does the contract say about warnings, and sackings?

Does the company have a HR department/representative? Were they present at the "sacking" or did they sign any letters?

quarryman · 07-02-2005 3:15pm

was she hot?

ballooba · 07-02-2005 3:15pm

This is a dodgy situation AFAIK. There is established best practices for dealing with this kind of craic. She should speak to a solicitor ASAP for advice on how to approach the situation.

Sometimes solicitors advise people to keep going into work even though they have been sacked.

FX Meister · 07-02-2005 3:16pm

Tell the boss's wife about the mistress for a bit of fell better revenge. Or your friend could tell the boss that unless he gets his notice paid and leaves straight away that he will have a word with the bosses wife.

I got 7 weeks paid notice once when I accidently sent a text to my boss about my plan to hand in my notice the next day. I sent it to the boss instead of a work colleague. Worked out very well in the end.

Gilgamesh · 07-02-2005 3:19pm

FX Meister wrote:

Tell the boss's wife about the mistress for a bit of fell better revenge. Or your friend could tell the boss that unless he gets his notice paid and leaves straight away that he will have a word with the bosses wife.

I got 7 weeks paid notice once when I accidently sent a text to my boss about my plan to hand in my notice the next day. I sent it to the boss instead of a work colleague. Worked out very well in the end.

not sure that blakcmailing is the best way to go with this issue, you don't know all the details, I have to admit I don't either, but wouldn't step to the dark side

Mrs.Babalady · 07-02-2005 3:26pm

I really don't want to go into any more detail, it's such a horrible situation that i'm uncomforatble even discussing it here.

I just wondered if anyone knew if I could advise my collegue that they could just go home now & still get paid as I hate to see someone treated so badly & so upset.

seamus · 07-02-2005 3:29pm

okidoki987 wrote:

If he/she is being sacked, then the company has to pay him/her off.

Depends on the nature of being sacked. If her contract says that either party may terminate the contract with two week's notice in writing, then the company are only obliged to pay her those two weeks (persuant to her actually working the two weeks), and nothing more. This is not redundancy, it's dismissal, there's a massive difference.

As far as going home *and* getting paid, her best bet is to abuse the sick leave system and/or take it as holidays. No employer wants an angry and upset soon-to-be-ex employee hanging around the office. They'll probably be just as eager to get her out of the office as she is to leave.

ballooba · 07-02-2005 3:45pm

seamus wrote:

Depends on the nature of being sacked. If her contract says that either party may terminate the contract with two week's notice in writing, then the company are only obliged to pay her those two weeks (persuant to her actually working the two weeks), and nothing more. This is not redundancy, it's dismissal, there's a massive difference.

Regardless of what her contract says it cannot serve to limit her statutory rights. Every worker is protected by the Unfair Dismissals Act.

I would suggest that she take the afternoon off sick and go speak to a solicitor with experience in labour law. A good, experienced solictor should offer practical as well as legal advice on the situation and she will feel a lot better after speaking to them.

[edit] As long as she has one years continuous service with the company.[/edit]

seamus · 07-02-2005 3:52pm

ballooba wrote:

Regardless of what her contract says it cannot serve to limit her statutory rights. Every worker is protected by the Unfair Dismissals Act.

Of course. I never said otherwise. We have nothing here to assume it is unfair dismissal.

ballooba · 07-02-2005 4:10pm

Mrs.Babalady wrote:

One of my collegues has just been sacked. They gave them 2 weeks notice.
Said collegue is v.upset & shocked as are we all. I'm not going into detail but they are being sacked very unfairly.

Just want to make sure that this person knows the score. Too often employers have an unfair advantage in these situations. They have lots of experience in dismissing people where most of us will hopefullly never get the sack.

Nobody should be under the impression that their rights are limited by their contract.

WhiteWashMan · 07-02-2005 6:38pm

the only time an employee has the right to go remain at home is if the company tell them so.
when you get sacked and agree not to return to the office, its called garden leave. garden leave is generally granted when the person has too much on contacts, clients, finance, oh, pretty much anyone with any bit of authority

otherwise, if you stay at home and dont come in, you are in breach of your contract, which you must still abide by while in the employment of the company (even if it is only for another 1 week, 2 week, 3 months, whatever).
if you decide to stay at home and not work, the company does not have to pay you and has fairly good grounds to say that you quit your job on the spot without benefit or pay. that was your decision.

as to the unfairness of the sacking, well, i guess thats between the employee and the employer, and not for anyone here to advise on.
it may be unfair, but since not a single person here (including the orginal poster) knows all the details, then no one here can say if it was fair or not, and anything said is only unsubstansiated rumours and heresay.
and wont stand up in a court of law

WhiteWashMan · 07-02-2005 6:41pm

ballooba wrote:

Regardless of what her contract says it cannot serve to limit her statutory rights. Every worker is protected by the Unfair Dismissals Act.

I would suggest that she take the afternoon off sick and go speak to a solicitor with experience in labour law. A good, experienced solictor should offer practical as well as legal advice on the situation and she will feel a lot better after speaking to them.

[edit] As long as she has one years continuous service with the company.[/edit]

im not sure how one year service effects anything here?

i am also unsure how her statutory rights will be effected. explain.

RicardoSmith · 07-02-2005 9:24pm

Unless the employer tells you not to come in you have to work your notice.

ballooba · 07-02-2005 9:39pm

WhiteWashMan wrote:

im not sure how one year service effects anything here?

i am also unsure how her statutory rights will be effected. explain.

I was referring to what Seamus said about her getting two weeks wages and nothing more. If the employee feels that they were unfairly dismissed then they may be entitled to a lot more than what is laid out in their contract including, reinstatement, compensation and clearing their name.

The original poster mentioned that she thought that the dismissal was unfair so chances are so does the person sacked. If she feels that she was wrongly dismissed then she should go and find out if a solicitor is of the same opinion.

The Unfair Dismissals Act covers employees between 16 and 66 with one years continuous service to their employer.

WhiteWashMan · 08-02-2005 1:01am

the question was about working notice, not about whether the dismissal was fair or unfair.

yeah, chances are the person thinks it was unfair, but i bet every person i have sacked think their dismissal was unfair too.
hell, ive been sacked before and thought it was unfair.

that doesnt change anything though.

Mrs.Babalady · 10-02-2005 4:42pm

They let her go home Monday & pay her for the week so i'm glad she didn't have to work her notice.

Now I just need to get outta here!

WhiteWashMan · 10-02-2005 5:08pm

try and get another job first before you leave

Mrs.Babalady · 10-02-2005 5:17pm

oh I will, I've never left a job without another to walk into..

WhiteWashMan · 10-02-2005 5:32pm

when i got sacked (everyone has to experience the humiliation of being frog marched off premesis at some stage in their life!) i spent 2 months sitting on my arse doing sweet bugger all.
in fact i nearly left england because of it and went home to the sweet sweet land of ireland.

of course, i stayed coz the beer is cheaper...

seamus · 10-02-2005 5:44pm

WhiteWashMan wrote:

of course, i stayed coz the beer is cheaper...

Much easier to be a jobless alco when you're not paying €20 for a bottle of vodka

eth0_ · 10-02-2005 5:47pm

okidoki987 wrote:

If he/she is being sacked, then the company has to pay him/her off

I think you're living in a dream world :P
If you're 'sacked' it is _usually_ because of gross misconduct, and under those circumstances I don't think you have to be paid any notice time at all.

just been sacked

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