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Fear that I might have been fired from work due to reporting pain in leg

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Comments

  • #62
    knockers84
    Closed Accounts Posts: 115 ✭✭knockers84


    Manual handling completed.
    Any other jobs assigned of your normal duties included in contract.

    It’s a sad state of affairs if you plan to sue your employer in the first week of a new job. People need to take a good hard luck in the mirror and hopefully if the OP decides to do it he will lose and blacken his name. Oh yes it does happen!!! Depending what industry your in.

    Most of the head guys know all the head guys from areas in the same field such as pharmaceutical, dairy, grains, foods etc and have tours of their sites

    They all have contacts!!! Believe me!!!


  • #63
    STB.
    Registered Users, Registered Users 2 Posts: 5,380 ✭✭✭STB.


    madmac187 wrote: »
    Tbh if you get hurt at work and tell you to stay home, then it’s a reportable injury at work to HSA depending on days off work.


    They skipped ahead. Told him to take a week off at his own expense. Then the OP took the weekend off (I'm not sure if its a 5 day week, but if it is then its worse again). When he returned on the Monday he was fired.


    Car Crash stuff. The basic kind of stuff they try to drill into managers at employment seminars just went out the window.


    https://employmentrightsireland.com/services-for-employers/


  • #64
    jackboy
    Registered Users, Registered Users 2 Posts: 5,075 ✭✭✭jackboy


    STB. wrote: »

    Maybe the WRC will find in the OP's favour. Don't try the career **** with me. I am too old for that craic. I doubt he will be putting anything on his CV. Any bad mouthing of the OP after a WRC finding would be suicidal for any company.

    The company will be fine.


  • #65
    knockers84
    Closed Accounts Posts: 115 ✭✭knockers84


    jackboy wrote: »
    The company will be fine.

    True, blacken your name and get a couple of grand if you do win or not blacken your name and get another job in your local area.. I know what I would rather.


  • #66
    peasant
    Registered Users, Registered Users 2 Posts: 17,789 ✭✭✭✭peasant


    STB. wrote: »
    I couldn't care less. I am simply correcting people, especially those who said "man up".

    That would have been me ...:D

    And now you're telling the OP to "man up" channel all his sense of injustice and stick it to "the man" with the full power of the law.
    Why don't you call in the Avengers while you're at it?


    Jeez...the OP was at it for a week.
    Something like this, you look at it with hindsight, realize it could have been handled better by all involved, learn from it and move on.
    You do not blow it all out of proportion, take it to WRC and ruin your career before you ever had one.

    You (STB) seem to have some issues of your own with current or previous employers...go fight your own battles...don't send out some poor youngfella to do it for you by proxy.


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  • #67
    _Brian
    Registered Users, Registered Users 2 Posts: 19,052 ✭✭✭✭_Brian


    It’s such a short time you should be able to leave it off your cv and nobody will notice.


  • #68
    STB.
    Registered Users, Registered Users 2 Posts: 5,380 ✭✭✭STB.


    jackboy wrote: »
    The company will be fine.



    Up to 2 years remuneration can be awarded for constructive dismissal.


  • #69
    jackboy
    Registered Users, Registered Users 2 Posts: 5,075 ✭✭✭jackboy


    STB. wrote: »
    Up to 2 years remuneration can be awarded for constructive dismissal.

    Good luck with that in this case.


  • #70
    dubrov
    Registered Users, Registered Users 2 Posts: 3,692 ✭✭✭dubrov


    knockers84 wrote: »

    Most of the head guys know all the head guys from areas in the same field such as pharmaceutical, dairy, grains, foods etc and have tours of their sites

    They all have contacts!!! Believe me!!!

    I'm sorry but that is complete BS. I am not saying the OP is right to take a claim but you seem to trying to scare employees from taking a claim for any reason.

    If you think the top guys give a toss about a minor claim you are mistaken. There is no way they would take the risk to tell their HR department to blacklist an individual based on a claim they heard from someone else.

    Sure it can happen in small circles but the industries you list are much bigger than that.


  • #71
    STB.
    Registered Users, Registered Users 2 Posts: 5,380 ✭✭✭STB.


    peasant wrote: »
    That would have been me :D...

    And now you're telling the OP to "man up" channel all his sense of injustice and stick it to "the man" with the full power of the law.
    Why don't you call in the Avengers while you're at it?

    Jeez...the OP was at it for a week.
    Something like this, you look at it with hindsight, realize it could have been handled better by all involved, learn from it and move on.
    You do not blow it all out of proportion, take it to WRC and ruin your career before you ever had one.

    You (STB) seem to have some issues of your own with current or previous employers...go fight your own battles...don't send out some poor youngfella to do it for you by proxy.

    Hardly surprising that it was you. Big man eh.

    There is right and wrong. This chap tried to do what he was told to keep to keep people happy, even though it was outside what he was hired to do. The manager sensing a claim and exposing that they had the OP doing something he wasn't employed to do, fired him.

    He now had no job and has nothing that he can put on his CV as being fired is something you never include.

    See that last sentence, Don't pretend to know me.
    _Brian wrote: »
    It’s such a short time you should be able to leave it off your cv and nobody will notice.

    I gather the OP is upset that they have been fired. Fired for doing something they weren't hired to do.


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  • #72
    knockers84
    Closed Accounts Posts: 115 ✭✭knockers84


    STB. wrote: »
    Up to 2 years remuneration can be awarded for constructive dismissal.

    Compo culture in full swing here.

    OP just get on with it and good luck in your new job hunt. Whatever food/pharmaceutical sector your in don’t tarnish your name. Believe me when I say all the people in the same sectors know each other extremely well and different companies have meetings the whole time, this is particularly through in factories to do with food.

    Live learn and forget


  • #73
    jackboy
    Registered Users, Registered Users 2 Posts: 5,075 ✭✭✭jackboy


    dubrov wrote: »
    I'm sorry but that is complete BS. I am not saying the OP is right to take a claim but you seem to trying to scare employees from taking a claim for any reason.

    If you think the top guys give a toss about a minor claim you are mistaken. There is no way they would take the risk to tell their HR department to blacklist an individual based on a claim they heard from someone else.

    Sure it can happen in small circles but the industries you list are much bigger than that.

    It’s 100% true in the bigger industries. It’s done a lot subtler than telling HR to blacklist an individual.


  • #74
    peasant
    Registered Users, Registered Users 2 Posts: 17,789 ✭✭✭✭peasant


    STB. wrote: »
    He now had no job and has nothing that he can put on his CV as being fired is something you never include.

    Putting a long, drawn out WRC proceeding on your CV isn't exactly a job getter either.


  • #75
    Enter name here
    Registered Users, Registered Users 2 Posts: 411 ✭✭Enter name here


    STB. wrote: »
    Up to 2 years remuneration can be awarded for constructive dismissal.

    Don't sprout ****e you know absolutely nothing about.

    He wasn't employed for enough time for any case whether it be unfair dismisal or constructive dismissal. And just in case you need some further education.

    "In general, you must have 12 months' continuous service with your employer to bring a claim for unfair dismissal. Under the unfair dismissals legislation in certain cases the 12 months' service is not a requirement."

    "However, there are important exceptions to this general rule on 12 months’ service. Even if you have served for less than 12 months, you may bring a claim for unfair dismissal where you are dismissed for:

    Trade union membership or activity
    Pregnancy, giving birth, breastfeeding or any matters connected with pregnancy or birth
    Availing of rights granted by the Maternity Protection Acts 1994 and 2004, the Adoptive Leave Acts 1995 and 2005, the Paternity Leave and Benefit Act 2016, the National Minimum Wage Act 2000, the Parental Leave Acts 1998 and 2006 and the Carer’s Leave Act 2001
    Making a protected disclosure under the Protected Disclosures Act 2014."

    So as you can see the employee has grounds for nothing. Also forgot to mention constructive dismissal occurs when an employee is forced to resign to which the OP has stated he did not.


  • #76
    STB.
    Registered Users, Registered Users 2 Posts: 5,380 ✭✭✭STB.


    peasant wrote: »
    Putting a long, drawn out WRC proceeding on your CV isn't exactly a job getter either.


    Perhaps you should get back to your caravan forum. WRC claims appear nowhere on CV's.

    A WRC claim does not preclude seeking employment.

    This guy may have been unfairly dismissed and his P45 will have his previous employer on it. The WRC adjudications are anonymised for both employer and employee.

    It will be the OP's decision and not some yes man like yourself, who no doubt has never stood up for themselves.


  • #77
    knockers84
    Closed Accounts Posts: 115 ✭✭knockers84


    STB. wrote: »
    Perhaps you should get back to your caravan forum. WRC claims appear nowhere on CV's.

    A WRC claim does not preclude seeking employment.

    This guy may have been unfairly dismissed and his P45 will have his previous employer on it. The WRC adjudications are anonymised for both employer and employee.

    It will be the OP's decision and not some yes man like yourself, who no doubt has never stood up for themselves.

    1) In a job a week.
    2) Suing a company for been let go as had to lift a couple of pallets and bitch and moaned about it to my boss.
    3) I’d be ashamed of myself. Just get on with and stop been a compo claiming bitch!


  • #78
    STB.
    Registered Users, Registered Users 2 Posts: 5,380 ✭✭✭STB.


    Enter name here wrote: »

    He wasn't employed for enough time for any case whether it be unfair dismisal or constructive dismissal. And just in case you need some further education.


    It is you that needs the education. Natural justice and fair procedures cant be just ignored.

    I was not talking about the protections of the Unfair Dismissals Acts 1977-2007.

    The relevant legislation is

    S13 of the Industrial Relations Act, 1969 (as amended) for unfair dismissal.

    And the Health, Welfare & Safety at Work Act 2005.


  • #79
    Stheno
    Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,685 Mod ✭✭✭✭Stheno


    STB. wrote: »
    Perhaps you should get back to your caravan forum. WRC claims appear nowhere on CV's.

    A WRC claim does not preclude seeking employment.

    This guy may have been unfairly dismissed and his P45 will have his previous employer on it. The WRC adjudications are anonymised for both employer and employee.

    It will be the OP's decision and not some yes man like yourself, who no doubt has never stood up for themselves.

    No such thing as P45s any more and even if there were not necessary to give it to a new employer.

    The op has very little recourse here in reality


  • #80
    Enter name here
    Registered Users, Registered Users 2 Posts: 411 ✭✭Enter name here


    STB. wrote: »
    It is you that needs the education. Natural justice and fair procedures cant be just ignored.

    I was not talking about the protections of the Unfair Dismissals Acts 1977-2007.

    The relevant legislation is

    S13 of the Industrial Relations Act, 1969 (as amended) for unfair dismissal.

    And the Health, Welfare & Safety at Work Act 2005.

    Neither of which the OP has any claim to. I hope that you are funding the OP's legal challenge are you. The OP was under a probation period and did not meet the requirements of the position case dismissed.


  • #81
    Enter name here
    Registered Users, Registered Users 2 Posts: 411 ✭✭Enter name here


    Calltocall wrote: »
    Toughen up OP. It can be hard out in the big bad world.

    He does deserve a participation award though, that how it works nowadays isn't it?


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  • #82
    sonofenoch
    Registered Users, Registered Users 2 Posts: 2,526 ✭✭✭sonofenoch


    A 'Scientist' lifting pallets! .....sorry but I Lold


  • #83
    Enter name here
    Registered Users, Registered Users 2 Posts: 411 ✭✭Enter name here


    STB. wrote: »
    It is you that needs the education. Natural justice and fair procedures cant be just ignored.

    I was not talking about the protections of the Unfair Dismissals Acts 1977-2007.

    The relevant legislation is

    S13 of the Industrial Relations Act, 1969 (as amended) for unfair dismissal.

    And the Health, Welfare & Safety at Work Act 2005.

    Also thought you would like this additional info:

    While awards under the Industrial Relations Acts are not legally enforceable against an employer, employers with a significant union presence, particularly those in the public sector, will find it difficult to side step the moral authority of the Labour Court. A refusal by an employer to be bound by a Labour Court decision could create unexpected industrial relations consequences by, for example, increasing worker disaffection or adversely affecting staff morale.

    NEXT claim please.


  • #84
    Calltocall
    Registered Users, Registered Users 2 Posts: 340 ✭✭Calltocall


    Enter name here wrote: »
    He does deserve a participation award though, that how it works nowadays isn't it?

    I don’t want to mock the guy but life can throw a hell of a lot harder stuff at you than lifting pallets, there is a certain element of putting your shoulder to the wheel when starting out in a new job, fair enough if it turns out to be months where he’s still lifting pallets that’s different but a week in! I think the OP will learn a more valuable lesson by accepting that and not going after his employers for letting him go. Take it as a life lesson.


  • #85
    ziedth
    Registered Users, Registered Users 2 Posts: 9,081 ✭✭✭ziedth


    The place sounds a bit iffy to me OP and while it was a bit ****ty to have you lumping pallets around I'm afraid I fall on the side of "you should have just kept your head down"

    You said yourself you have had a tough time of it finding work and the age old saying of it's easier to find a job when your in a job is as true today as it ever was.

    You got treated pretty poorly granted but you have done yourself no favours. Learn from this and draw a line under it


  • #86
    STB.
    Registered Users, Registered Users 2 Posts: 5,380 ✭✭✭STB.


    Enter name here wrote: »
    Neither of which the OP has any claim to. I hope that you are funding the OP's legal challenge are you. The OP was under a probation period and did not meet the requirements of the position case dismissed.


    They have access to the legislation I have quoted.

    Far be it for me to point out to you that employees on probation have access to both the ones quoted.

    Happy reading.

    http://www.arthurcox.com/publications/fair-procedures-required-dismissing-employee-probation/?utm_source=Mondaq&utm_medium=syndication&utm_campaign=View-Original


  • #87
    [Deleted User]
    Posts: 11,195 ✭✭✭✭ [Deleted User]


    STB. wrote: »
    They have access to the legislation I have quoted.

    Far be it for me to point out to you that employees on probation have access to both the ones quoted.

    Happy reading.

    http://www.arthurcox.com/publications/fair-procedures-required-dismissing-employee-probation/?utm_source=Mondaq&utm_medium=syndication&utm_campaign=View-Original



    name the case where the worker a week in the job wins any similar claim

    we'll wait.


  • #88
    Enter name here
    Registered Users, Registered Users 2 Posts: 411 ✭✭Enter name here


    STB. wrote: »
    They have access to the legislation I have quoted.

    Far be it for me to point out to you that employees on probation have access to both the ones quoted.

    Happy reading.

    http://www.arthurcox.com/publications/fair-procedures-required-dismissing-employee-probation/?utm_source=Mondaq&utm_medium=syndication&utm_campaign=View-Original

    He was there for a week and as stated previously judgements are not legally enforceable against an employer

    Not to mention even trying to find a legal representative to facilitate such a claim.


  • #89
    STB.
    Registered Users, Registered Users 2 Posts: 5,380 ✭✭✭STB.


    Deleted User wrote: »
    name the case where the worker a week in the job wins any similar claim

    we'll wait.


    Was the one were it was someone 3 months into the job on probation of no use ?

    Probation = probation
    Procedures = following them


  • #90
    [Deleted User]
    Posts: 11,195 ✭✭✭✭ [Deleted User]


    STB. wrote: »
    Was the one were it was someone 3 months into the job on probation of no use ?

    Probation = probation
    Procedures = following them

    i read it. its nothing similar. of particular contrast to this instance is the relevant line "The Court was satisfied that the claimant was not provided with a warning or details of any performance issues"

    the op here was given his/her explanation and wished the best of luck in reapplying

    similar case, one week- have you one?

    its ok to say you havent. we'll wait.


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  • #91
    STB.
    Registered Users, Registered Users 2 Posts: 5,380 ✭✭✭STB.


    Enter name here wrote: »
    He was there for a week and as stated previously judgements are not legally enforceable against an employer

    What you said was
    Enter name here wrote: »
    He wasn't employed for enough time for any case whether it be unfair dismisal or constructive dismissal
    Enter name here wrote: »
    Neither of which the OP has any claim to. .


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