how many weeks notice??

idontknowmyname

Hey guys,

I was happy in my new job which I only started 2 months ago until I rang in sick last saturday. I brought a doctors note in on monday but my store manager told me on the shop floor in front of staff and customers that I was facing disciplinary action from the area manager because I was absent without permission. I told him I was sick and was waving the doctors note in front of him but he said he didn't care what my reasons were.

I then rang HR in head office and complained about the store manager and how unprofessional he was in telling me this on the shop floor where everybody could hear instead of asking me to go down to the office. Also when I rang head office I told them that I wanted to hand my notice in because I did not want to work for a company who punishes me for taking a valid sick day. I was told by the HR manager that 4 weeks notice was required by them- I only work part-time, 2 days a week, sat and sun and have only been working there for 8 weeks. It's a well known phone shop.

Is 4 weeks to much?? I can't find my contract so don't know on that end. I feel it is and everyone I've been talking to says it's too much for the hours that I work.

What do you think?

secret_squirrel

It should be in your contract - you really need to find or get a copy of it from HR. Most companies start with a probabation period where the notice can be as little as a week. It then tends to go to 4 weeks after 3-6 months.

However Im not sure this will apply being as its a part-time job.

Bear in mind that it was the store manager that was at fault - why should you resign? Why not ask for a transfer instead?

In the end just walking out wont do that much harm - you're hardly going to get a good reference off the store manager now are you?
Indeed most companies now just confirm your dates of employment when asked for a reference since they are scared of being sued.
No company would risk taking this further anyway given the fact that its your rights that were originally abused. Hell it might even be constructive dismissal *


*Im not actually qualified to offer advice on employment law

Aquos76

That seems very excessive.

this might be a help to you though

luckat

Hmmm. Perhaps you should ask your manager to talk to him about this, and explain that you want to leave because you feel that you shouldn't be treated like this.

They may, of course, be saying that you have to work out your notice in the hope that you'll cool down, your boss will see sense and everyone will come to an accommodation about this.

I hope you're not so sick that you're likely to be ill for any or all of the four weeks?

RicardoSmith

Like has been said, they should this all written down in a contract, of staff handbook with all these rules. They should be able to provide you with this in writing. The rules for Part-Time staff maybe different for full time staff.

Sounds like they are being completely unreasonable. Why do you want to leave though. Would it not be better to stand your ground and do everything by the book? Show the manager that you know your rights and won't be bullied. Of course you have to be realistic if there nothing to be gained by doing it.

Kinetic^

Are you in a probation period?? If so, no notice is required.

stopper

Four weeks seems excessive for someone in your situation. The Minimum Notice and terms of employment Acts, 1973 to 2001 lay down minimum notice periods to be given by employers and by employees when terminating a contract of employment.

Check out http://www.entemp.ie/publications/employment/2002/minimumnotice.htm.

See item 8 on that web page: "the Acts do not affect the right of an employer or an employee to terminate a contract of employment without notice due to the misconduct of the other party".

You could also go and get some advice from a solicitor at one of the Free Legal Advice centres in your area. Check out www.flac.ie for more details.

Gazza22

secret_squirrel wrote:

. Hell it might even be constructive dismissal *


*Im not actually qualified to offer advice on employment law

lol, well neither am i qualified....constructive dismissal, thats what i was thinking when i first read this. But if he was to walk out and claim constructive dismissal, i don't think he could have a leg to stand on because it was only one incident....

Maybe you should stay man and don't be defeated, or at least get a transfer because you did say you liked your job...Don't allow p*icks to pull you down!!

Zillah

Just walk out after two weeks, I can't imagine your expecting to use them as a reference...

Don't be a coward, just walk out.

secret_squirrel

Keyser Soze 69 wrote:

Are you in a probation period?? If so, no notice is required.

Link please - unless its specifically mentioned in the OP's contract afaik you're talking rubbish.

Yes the OP can walk out but that would probably be a breach of their contract - however its unlikely anything would come of said breach. (see disclaimer in my original post)

RainyDay

I think you'd be crazy to walk out. You may actually cause more discomfort for your shop manager by staying in place and forcing him to go through the disciplinary procedure with the area manager.

secret_squirrel

RainyDay wrote:

I think you'd be crazy to walk out. You may actually cause more discomfort for your shop manager by staying in place and forcing him to go through the disciplinary procedure with the area manager.

Good point - but bear in mind that will involve a lot of hassle you might not want.

KennyG2

What a nice guy you work for!
Rule of thumb if you are paid weekly you give a weeks notice, paid monthly you give a months notice. But if you signed a contract, look at the termination clause. They won't want bad publicity either, you could call their bluff. Tell them that you're going to ask Gerry Ryan and Joe Duffy what they think!

Just make sure you get what you are owed, including 1 1/4 days holiday per month, so they owe you 2 1/2 days extra when you leave, good luck.

Don't burn bridges though, this town is rapidly becoming a village! Leave on as good terms as possible or ask for a transfer because you can't work with that manager, acuse him of bullying, that usually scares the sh1t out of them. It's your reputation!

gar

secret_squirrel

KennyG2 wrote:

acuse him of bullying,

Thats a very good point - If your company is in anyway a decent size - they will probably have a Respect and Dignity policy or something similarly named.

Ring HR and ask them. As Kenny said it will scare the shít out of them with very little come back on you.

idontknowmyname

found my contract...........it says four poxy weeks. And I'm a she, not a he.

I've had interviews this week for proper jobs since I get my degree results next week- was never my intention to stay in that job for long.

The manager is an arse....more crap from him last weekend. Head office don't seem to be bothered......so glad i'm getting out of there. I'm not using them as a reference, I have on my CV that I currently work for them but they aren't listed as references.

BizzyC

If you're not using them as a reference then walk out.

In all fairness, what can they do?

azezil

I was in a similar situation before, working part time for an asshole, said i couldn't take a break on a 7 hour shift, I told him I was entitled to a break after 4 hours work, he said 'well you're expected to work 7 hours here, like it or leave it' ... I replied, "fair enough, bye then" and walked out, never to return

Of course I can't get a reference etc, but didn't care, was a bullsh!t part time job

AARRRGH

I handle these kind of situations for the company I work for.

If you do not have a contract stating what your notice is, then you can leave after 1 week.

From oasis.gov.ie

Duration of employment

---

Minimum Notice
13 weeks to 2 years

---

1 week

stopper

Does your contract mention anything about absence from work due to illness? The Terms of Employment Acts 1994 and 2001 provide that an employer is obliged to provide an employee with a written statement of terms of employment within 2 months of the commencement of employment. The written statement of terms of employment must include information on the terms or conditions relating to incapacity for work due to sickness or injury.

It seems that an employer can decide their own policy on sick leave and sick pay, but they obviously must make their employees aware of the policy.

See http://www.oasis.gov.ie/employment/holidays_and_leave/sick_leave.html

I don't see how they expected you to come to work if you had a doctor's cert. A few years ago I was unable to go to work due to illness. I went to the doctor who gave me a cert for a week. After about three days I felt OK and wanted to go back to work. I phoned my manager. He told me to stay out for the five days because I would not be covered by insurance if I went in to work.

Another thing: If you get asked in an interview about your availability saying you have to work four weeks notice in your current job might harm your chances if the company want somebody ASAP. Somebody who has identical skills/qualifications and is unemployed will have an advantage.

whiskeyman

My contract states 4 weeks notice - Can I still leave after just one (statutory) week?

I afraid I'm going to have to use it as my boss and the MD are avoiding meeting me to deal with my future role within the company.
I've decided to look elsewhere and I dont want to stay there long once I had in my notice.

idontknowmyname

I've got the availability thing covered. I only work saturday and sunday in this job, I was supposed to go full-time from the 14th june but the manager never put me down for full-time hours. The positions I've gone for are all mon-fri so I'm available now for them. Had a great interview last week, have a 2nd interview with that one and have an interview with a major company in the sector I'm looking for work in tomorrow.

Eoin

I am just wondering (hope this hasn't already been asked & answered) - on the Saturday you were sick, did you ring in before your shift started to let them know you wouldn't be in, or did you leave it until the Monday to explain your absence?

If the latter, then your manager was right to be angry with you (but obviously very unprofessional to address the issue in the manner S/he did).

Newaglish

Couldn't you always just give your 4 weeks notice, and then call in sick every day they have you down to work? After about 1 week they'll just stop giving you hours. Or if it's just a small part-time job, they really aren't going to bother following it up.

stopper

Stay until you have a job offer then tell them you are leaving in a week.

I can't see them making an issue of it. Like I said they shouldn't have expected you to come to work or threaten you with discplinary action once you provided them with a doctors cert.

They should also have made you aware of the disciplinary procedure in the company.

Give the Free Legal Advice Centre a call on (01) 874 5690. You can also send an email to info@flac.ie.

idontknowmyname

No I rang in sick on the morning I was sick- I'd never not turn up for work and not call. As it was the bank holiday weekend it was the tuesday before the doctor's was open and as I was still sick I got a doctors note. Apparently I was suppose to ring the company's area manager as well to notify him of my sickness which I didn't know.

Eoin

idontknowmyname wrote:

No I rang in sick on the morning I was sick- I'd never not turn up for work and not call. As it was the bank holiday weekend it was the tuesday before the doctor's was open and as I was still sick I got a doctors note. Apparently I was suppose to ring the company's area manager as well to notify him of my sickness which I didn't know.

Fair enough, I only asked because it didn't seem to be specifically mentioned. The fact that you got a sick note for just one days absence was commendable. I obviously don't know what rules your company has, but for full time work you only have to supply one for 3 or more days (to get your social welfare payment for time off).

The manner in which your manager acted was nothing short of a disgrace. Sadly in many jobs, people get promoted because of time served, when they clearly don't have any people skills whatsoever. I have been on the receiving end of a public dressing down in work a few years ago while temping, and it is a very humiliating experience.

Boggle

Sure if you don't want to work there just get fired (assuming you don't expect to use them as a reference) - shold be easy enough do...

To be honest though, if you don't like your job then just such it up and work your notice (its only 8 days after all) as it never really pays to leave any company on a bad note - they could hold onto your P45 for ages forcing you onto emergency tax when you do get a new job. (happened a friend of mine although I'm sure its somewhat illegal)

ixoy

OK similiar question: Just got offered a new (better) job. I signed a letter of employment/contract but it never had any details about weeks of notice or sick leave. It only had my personal details filled in. Any idea what the story is here? Or will I just go in tomorrow and ask?