Are you ex-Eircom Tech Support? You are owed money

AARRRGH

Hey All,

If you used to work for Eircom technical support (during the period CMR paid your wages - i.e pre-february 2004) you are owed money.

Legally they should have paid you holiday pay and bank holiday pay.

Contact the Labour Relations Commission (www.lrc.ie) for a form where you can lodge an official complaint. They will arrange a hearing and you will get your money.

BEFORE contacting the LRC ring CMR @ 01 6771813 and tell them you want your money. They will tell you to **** off. Then you ring the LRC.

CMR = Contact Management Resources.

It's money you are owed, and it's worth the minimal hassle.

WhiteWashMan

can you provide more details about this?

how do you know everyone who worked through them didnt get paid this way etc?

K!LL!@N

A bit more information would be nice.
I worked there myself during that period and know many people who did as well.
I'm fairly sure i still have all my pay slips from that time.
I also seem to remember that they said something about not paying us for holidays, which would lend some credence to your story.

But yeah, more info is definitely needed.

Killian

WizZard

How long did you have to work for them to get this? And more details wouldbe nice. I know CMR can be a bit... awkward.. but you can't just say something like this and not back it up with more info.

AARRRGH

What exactly do you want to know?

Legally they should have paid you holiday pay and bank holiday pay. They didn't pay any eircom techs holiday pay or bank holiday pay.

Also, there is no "minimum" work period for bank holiday/holiday pay.

That's it really. They have to pay you this money.

Get on the case soon, as there is a time limit as to when you can claim back money from old employers...

WizZard

Well, I don't want to have to take a day off to go to court for pittance, that's why.
On average how much per month should they owe? Consider I worked nearly every Sunday

WhiteWashMan

dublindude wrote:

What exactly do you want to know?

Legally they should have paid you holiday pay and bank holiday pay. They didn't pay any eircom techs holiday pay or bank holiday pay.

Also, there is no "minimum" work period for bank holiday/holiday pay.

That's it really. They have to pay you this money.

Get on the case soon, as there is a time limit as to when you can claim back money from old employers...

actually, if you signed a contract saying 'i will not get paid for bank holidays or public holidays' then legally, youarent entitled to anything.

but i only ask becuase lets face it, there must have been some landmark ruling made that claimed this company didnt pay anyone.
i just want to see more information other than some disgruntled ex employee telling everyone to claim.

so...

unless you have something more to tell us, im going to lock this thread, because i dont want some sort of legal issue arising from this if you just made it up (not that im saying you did)

im sure you can understand my position.

the_syco

Did the early starters(those who started before Febrary 04) get paid their 1st month? Rumour has that they didn't. Untill something that included court. Then they started to pay the first month, as a back-3-months.

Stephen

WhiteWashMan wrote:

actually, if you signed a contract saying 'i will not get paid for bank holidays or public holidays' then legally, youarent entitled to anything.

I'm no legal eagle but I don't think such a contract is really legal - no contract overrides your statutory rights or the law of the land.

AARRRGH

WhiteWashMan wrote:

actually, if you signed a contract saying 'i will not get paid for bank holidays or public holidays' then legally, youarent entitled to anything.

but i only ask becuase lets face it, there must have been some landmark ruling made that claimed this company didnt pay anyone.
i just want to see more information other than some disgruntled ex employee telling everyone to claim.

so...

unless you have something more to tell us, im going to lock this thread, because i dont want some sort of legal issue arising from this if you just made it up (not that im saying you did)

im sure you can understand my position.

As Stephen said earlier, the contract cannot override the law.

If you worked for Eircom (as I did) you will not have been paid holiday/bank holiday pay. I've spoken to a solictor (friend) about this and she told me it's a no brainer.

My date with the LRC is next month.

My advice to you is to file your complaint now (it takes a few months to process) and I'll update you on my situation next month.

(I'm not trying to stir **** here - I'm just trying to be helpful to ex-eircom employees - I'm not even a disgruntled ex-employee - I just want the money I'm owed and it doesn't take much effort to get it.)

seamus

dublindude wrote:

If you worked for Eircom (as I did) you will not have been paid holiday/bank holiday pay. I've spoken to a solictor (friend) about this and she told me it's a no brainer.

You were a contractor. Contract law, in the case where you are essentially providing them with a service, but filing your own tax return (i.e. you are not a PAYE employee of eircom), says nothing about holiday entitlements. If you're your own employer, then you can work 84 hours a week, and never take holidays, and no-one is to blame but you.

On the other hand, I understand us ex-eircom contractors were technically employees of CMR (hence the payslips), but I could be wrong. I'm not interested anyway, I only did 6 weeks work there. CMR have made a killing out of a huge number of people in there.

sceptre

seamus wrote:

You were a contractor. Contract law, in the case where you are essentially providing them with a service, but filing your own tax return (i.e. you are not a PAYE employee of eircom), says nothing about holiday entitlements.

Labour law really isn't my thing but I can recall something about a case against Microsoft where some regular "contractors" (it's the way their contract was set up, they were staff) were found to be regular staff. May have been a US case, I don't remember.

Anyhoo, presumably someone who worked for CMS/Eircom found out about the Working Time directive, found out they were effectively employees of CMS and got their 8.3% uplift or whatever it is (there seems to be some confusion here, if we're talking rights under the WTD, all employees who work and don't get their statutory days for whatever reason (like working sixteen hours every Monday and nothing for the rest of the week or the odd few hours (handiest example I can think of here are agency nurses, they effectively get an 8% bonus for every hour they work) every once in a while) get this 8%). That's assuming they are regarded as employees and treated like employees.

Incidentally, contracts override "the law" all the time. Particularly when the law says they can. If these contractors were effectively employees of Eircom or CMS though, they're entitled to the rights of employees, including their holiday pay.

seamus

sceptre wrote:

If these contractors were effectively employees of Eircom or CMS though, they're entitled to the rights of employees, including their holiday pay.

I think this is where the contention will lie. It was always a grey area.

WhiteWashMan

well, it seems like no further useful information is forthicoming, so im going to close this thread once i get into work.

AARRRGH

seamus wrote:

I think this is where the contention will lie. It was always a grey area.

Eircom tech support employees were not eircom employees, but CMR employees. That is why the holiday pay is owed.

Why close this thread when it is one of the only decent pieces of information which has been posted on boards for a while? If people bother their arse to write to the LRC they will get the money they are owed.

It's not complicated...

WhiteWashMan

you have not given any proof, you have not cited any evidence, you have not shown any relevant information.

or should i just post up that anyone who ever went to college during the 90's is owed student repayment tax for each year they were in college and then tell everyone to complain about it?

i have given you two chances to come up with some sort of evidence or ruling, and you have not.

hence, this thread is closed. if you decide to post up some evidence, then please, feel free to start another thread.