Sacked on the spot (No Notice) Where do I stand?

joePC

Hy all,

My employer found out I was applying for other jobs, had a freaker and sacked me on the spot. I have been working there 5 months now, no problems & no warnings what so ever.

Just wondering where do I stand in terms of entitlement, what can I do???

Luckily I have been offered a job the day after I was sacked but that still doesn’t make any difference.

Thanks in advance,
Joe

delly

All the info you require can be found here http://www.oasis.gov.ie/employment/losing_your_job/losing_job_notice.html

dahooligan

It all fairly depends on a contract if it was signed at all. If the contract states that the probation period is longer than the 13 weeks recommended by the govt then you're screwed, because once you're still on probation they can sack you on the spot AND you have the right to walk out with little or no notice. If there was no contract and you were there longer than 13 weeks then you deffo have a case for unfair dismissal, but as with all things Irish it could take years before any fruit is born from a civil suit. Small claims court could be best

madramor

delly wrote:

All the info you require can be found here http://www.oasis.gov.ie/employment/losing_your_job/losing_job_notice.html

this is really all you need

they have to give you a weeks notice even if your contract
says otherwise
"if your contract states that you will get less than the law provides,
then this part of your contract has no effect."

small claims court don't do employment disputes

So:
Write a letter to your former employer,
stating the facts,
You are entitled to a weeks notice and you can either
work the notice or get payment in lieu.
You want a reply in 1 week from the date the letter was
recieved.
Then sent the letter registered post.

If he says F. off they follow the procedure on the website
in dellys post.

You might want to mention it to your new employer.
ie(my old boss found out I applied for this job and is not paying
me and were in dispute)
in case he rings your new employer saying your useless

audge

madramor wrote:

"if your contract states that you will get less than the law provides,
then this part of your contract has no effect."

Oh wow... did you see my post? Has the Boss lost his mind??
Would the above be relevant to that case?

RainyDay

Contact these guys for advice.

Newshound

madramor wrote:

this is really all you need

they have to give you a weeks notice even if your contract
says otherwise
"if your contract states that you will get less than the law provides,
then this part of your contract has no effect."

small claims court don't do employment disputes

So:
Write a letter to your former employer,
stating the facts,
You are entitled to a weeks notice and you can either
work the notice or get payment in lieu.
You want a reply in 1 week from the date the letter was
recieved.
Then sent the letter registered post.

If he says F. off they follow the procedure on the website
in dellys post.

You might want to mention it to your new employer.
ie(my old boss found out I applied for this job and is not paying
me and were in dispute)
in case he rings your new employer saying your useless

And what happens his current job if they say come back and work the weeks notice

Our man in Havana

Newshound wrote:

And what happens his current job if they say come back and work the weeks notice

That will never happen.

onedmc

I have sacked people on the spot and sent them home immediatly. If he thought that you were not applying yourself to the job then he has reason. You have only been there 5 months so you dont have much comeback, he should give you a weeks pay. But since you didn't suffer any loss of income why do you care.

Tazz T

It was pure luck that he didn't lose income.

As for sacking people on the spot for not 'applying' themselves. That's a poor excuse for sacking someone. How do you measure 'application'?

Who's to say that you didn't 'apply' yourself as much as you could have every day you go to work?

kurisu

unless hes given warnings that your not aplying yourself at work before he sacked you for that reason i dont really think its legal,
i really think you have to be given warnings for something like that, and looking for another job does not constitute being sacked maybe in the u.s. but not here thats jus my opinion tho

RonanC

onedmc wrote:

I have sacked people on the spot and sent them home immediatly.

I'd love to know your company's name.

onedmc wrote:

If he thought that you were not applying yourself to the job then he has reason.

Not to fire. Maybe a verbal warning would be required if performance was sub-standard.

onedmc wrote:

You have only been there 5 months so you dont have much comeback

Doesn't matter once he has served his probationary period whether he's been there 5 months or 5 years.

onedmc wrote:

But since you didn't suffer any loss of income why do you care.

Umm, because there is a concept known as employment legislation perhaps. You might want to look into it.

onedmc

RonanC wrote:

I'd love to know your company's name.



Not to fire. Maybe a verbal warning would be required if performance was sub-standard.




Doesn't matter once he has served his probationary period whether he's been there 5 months or 5 years..

This is simply not true if you havn't been there for 12 months you have less rights in law. Also the longer you are with a company the more powerful the unwritten contract becomes. (eg I have come in late every monday for the last 2 years and you never said anything)

RonanC wrote:

Umm, because there is a concept known as employment legislation perhaps. You might want to look into it.

I am quite up to speed on employment law and I have represented companies a number of times in the labour court.

esperanza

onedmc wrote:

I have sacked people on the spot and sent them home immediatly. If he thought that you were not applying yourself to the job then he has reason. You have only been there 5 months so you dont have much comeback, he should give you a weeks pay. But since you didn't suffer any loss of income why do you care.

An employee is free to apply for other jobs if he wishes. An employee is not a slave.

boa-constrictor

Sacking a person can have serious repercussions for the individual, while they might deserve it, only a sh*thead would boast about it.

Secondly, if you were any good at hiring people you wouldn't have to fire so many.

damnyanks

esperanza wrote:

An employee is free to apply for other jobs if he wishes. An employee is not a slave.

No he's not. But also the company has to look out for their interests. If someone is looking for a job they aren't interested in working for the company and may leave at a critical time haveing huge affects on the company.

Why should the owner risk his business because the employee feel's they are worth more ?

Laguna

onedmc wrote:

I have sacked people on the spot and sent them home immediatly. If he thought that you were not applying yourself to the job then he has reason. You have only been there 5 months so you dont have much comeback, he should give you a weeks pay. But since you didn't suffer any loss of income why do you care.

You sound like a typical manager, coming across in a superior celestial like manner. How can a manager deem if an employee is applying themselves to a job in a manner he sees fit?, it's completely objective, what you deem not good enough might be the person working their socks off/under stress/personal problems.

RonanC

onedmc wrote:

This is simply not true if you havn't been there for 12 months you have less rights in law. Also the longer you are with a company the more powerful the unwritten contract becomes. (eg I have come in late every monday for the last 2 years and you never said anything)

I made no reference to the psychological contract. That is a completely different matter. What has it got to do his terms of dismissal?

onedmc wrote:

I have represented companies a number of times in the labour court.

I can see why you've had to make a "number" of visits.

onedmc

RonanC wrote:

I made no reference to the psychological contract. That is a completely different matter. What has it got to do his terms of dismissal?

I was simply referring to your comment about employment law. I dont understand the term "psychological contract" but the unwritten contract is very important. These are the activities or work practices that you do (or dont do) but are not specifically mentioned in your contract or job description.

RonanC wrote:

I can see why you've had to make a "number" of visits.

I never enjojed a visit to the Labour court, in fact it a very difficult and stressful procedure. But in my experience the employee/employer that keeps the best records of activity within the job is the one that comes out on top.