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WRC Complaint follow up

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  • 03-02-2021 5:10pm
    #1
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭


    I rang the WRC and they told me that it could take 6-12 months but I also read here that some cases were being heard sooner.

    My question is that if I leave my job and take something new on will my complaint be dismissed?

    I am getting to the stage where I feel under pressure and would rather look for a new job but at the same time I would not like the complaint to be dismissed.


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    #2
    dennyk
    Registered Users Posts: 1,651 ✭✭✭dennyk


    Likely depends on the nature of your complaint and what remedies or redress would apply. The complaint should still be adjudicated, and if you were owed any compensation as a result of the decision, you'd generally still be eligible for that even if you're no longer employed there, but if the redress determined by the adjudicator is simply to instruct the employer to comply with the law or contract term in question and they don't order any compensation, you won't really get anything out of it in that case (though it's possible other employees still there might if the employer is forced to change their overall behaviour as a result).


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    #3
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭LegacyUser


    Just wanted to come back to this thread. Complaint has gone to WRC. Engaged solicitor and all that.

    Its been about 2 months since the complaint and 3 months since I made the complaint to the company initially.

    In that time the passive aggressive tendencies from upper management have continued. I am regularly left of group email chains where something important to the company has to be circulated to all staff. Management are not talking to me like they once used to do. One of the managers used to be a drinking buddy (when we could do that), I have not heard from him in 2 months.

    Overall its a sh1t experience, I know that there is at least another 9-10 months to go before this gets heard by the WRC and I know that I am right and have a case. But the overall journey is dragging me down that its getting harder and harder to stay happy and make it from dawn to dusk!


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    #4
    Dublin Lad2021
    Registered Users Posts: 79 ✭✭Dublin Lad2021


    Sydney Youngblood wrote: »
    Just wanted to come back to this thread. Complaint has gone to WRC. Engaged solicitor and all that.

    Its been about 2 months since the complaint and 3 months since I made the complaint to the company initially.

    In that time the passive aggressive tendencies from upper management have continued. I am regularly left of group email chains where something important to the company has to be circulated to all staff. Management are not talking to me like they once used to do. One of the managers used to be a drinking buddy (when we could do that), I have not heard from him in 2 months.

    Overall its a sh1t experience, I know that there is at least another 9-10 months to go before this gets heard by the WRC and I know that I am right and have a case. But the overall journey is dragging me down that its getting harder and harder to stay happy and make it from dawn to dusk!

    You got this Sydney, it will be worth it in the end. Stay strong brother


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    #5
    TheBlock
    Registered Users Posts: 596 ✭✭✭TheBlock


    Sydney Youngblood wrote: »
    Just wanted to come back to this thread. Complaint has gone to WRC. Engaged solicitor and all that.

    Its been about 2 months since the complaint and 3 months since I made the complaint to the company initially.

    In that time the passive aggressive tendencies from upper management have continued. I am regularly left of group email chains where something important to the company has to be circulated to all staff. Management are not talking to me like they once used to do. One of the managers used to be a drinking buddy (when we could do that), I have not heard from him in 2 months.

    Overall its a sh1t experience, I know that there is at least another 9-10 months to go before this gets heard by the WRC and I know that I am right and have a case. But the overall journey is dragging me down that its getting harder and harder to stay happy and make it from dawn to dusk!

    Best of luck, Concentrate on making the world a better place :)


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    #6
    punisher5112
    Registered Users Posts: 24,647 ✭✭✭✭punisher5112


    Are you going the constructive dismissal route or another way?

    If you need time off with say stress speak with your doctor and just remember you aren't alone.


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    #7
    bucketybuck
    Registered Users Posts: 18,177 ✭✭✭✭bucketybuck


    Sydney Youngblood wrote: »
    In that time the passive aggressive tendencies from upper management have continued. I am regularly left of group email chains where something important to the company has to be circulated to all staff. Management are not talking to me like they once used to do. One of the managers used to be a drinking buddy (when we could do that), I have not heard from him in 2 months.

    Overall its a sh1t experience, I know that there is at least another 9-10 months to go before this gets heard by the WRC and I know that I am right and have a case. But the overall journey is dragging me down that its getting harder and harder to stay happy and make it from dawn to dusk!

    It is perfectly true to say that you should stick to your guns and not let the bullies win.

    But if your complaint is based on something like bullying or alienation due to passive aggressive actions by management, then as a human being I would have to suggest that you seriously consider whether this is all worth it or not. What is the end result going to be, that they tell your former friend to please go drinking with you again? That they talk to you more like they used to?

    Sorry, but in 9 months time or whenever they make a judgement, it doesn't matter what the WRC says, those management aren't going to go back to the way things were. And that is if a case is proven, which is not a guarantee.

    If you had left there and were trying for constructive dismissal and looking a payout then I'd say work away, but it sounds as if you are still there? So I would really be advising you to just find another job and move on, because in these sorts of cases there is rarely a winner on either side.


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    #8
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭LegacyUser


    First off thank you to those that have sent messages of support, its greatly appreciated.

    Its not constructive dismissal, more in the way of contracts and not abiding to them and changing them on a whim with threats of sacking if I didn't sign new contract.

    I would love to leave but my industry is very small in Ireland, everyone knows everyone and currently there is nothing else out there and I have kids what need to fed and watered so I am staying put for now, if only for them!

    I know that things will never return to the way things were but for now its just mortage and food is all I am thinking of. If and when the payout of my contract is made then I will move on and possibly even do something totally different.

    Actually was in the doctors today for something different and surprisingly the blood pressure is normal considering I am stress head these days.

    Incidentally, can anyone tell me if when all is done and they settle and ask me to sign a non disclosure agreement can I say that it will cost an additional extra €XXXX? I would rather tell everyone what a shower of C U Next Tuesdays they are.....


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    #9
    Dav010
    Registered Users Posts: 14,084 ✭✭✭✭Dav010


    I’m curious as to what award you can get if you are still in your job?


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    #10
    Dublin Lad2021
    Registered Users Posts: 79 ✭✭Dublin Lad2021


    Sydney Youngblood wrote: »
    First off thank you to those that have sent messages of support, its greatly appreciated.

    Its not constructive dismissal, more in the way of contracts and not abiding to them and changing them on a whim with threats of sacking if I didn't sign new contract.

    I would love to leave but my industry is very small in Ireland, everyone knows everyone and currently there is nothing else out there and I have kids what need to fed and watered so I am staying put for now, if only for them!

    I know that things will never return to the way things were but for now its just mortage and food is all I am thinking of. If and when the payout of my contract is made then I will move on and possibly even do something totally different.

    Actually was in the doctors today for something different and surprisingly the blood pressure is normal considering I am stress head these days.

    Incidentally, can anyone tell me if when all is done and they settle and ask me to sign a non disclosure agreement can I say that it will cost an additional extra €XXXX? I would rather tell everyone what a shower of C U Next Tuesdays they are.....

    Just covering the last part, from my experience if you win you won't have to sign any NDAs, however if you settle out of court it's normally a condition that you sign the NDA. I think it's pretty mandatory to be honest but you can ask your lawyer. With an NDA I think you're only not allowed to discuss the amount you were given however I think you're able to tell whomever you wanted about the experience you had.

    Just offhand I'm surprised it's only you and not the rest of your colleagues that are affected by this but of course stay strong and I hope this works out for you. I was forced to sign a contract or be fired under duress it's still in Court as well, I was later fired for something I didn't do, I didn't have the chance to take it to court before being fired.

    Don't let it stress you, it's just a job. Let them play their petty games if anything it's giving you more evidence, report people for bullying see if they do anything etc. I'm sure your lawyer can use their actions against them somehow


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    #11
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭LegacyUser


    Dav, I am hoping the award I can get is my contract paid back before they cut it. Strangely enough I was given a 'covid cut' but unlike other members of staff I never got it back. They were also in a rush for me to sign a new contract for 2021 with much worse T&C's and threatened to 'make other arrangements' if I didn't sign it. That's when I went legal.

    Dublin Lad, thanks for your insight. I want to be able to tell everyone how mean they were.

    Honestly if you sat down and look at the whole thing you would think that its totally messed up and sometimes I just don't get it. I was threatened with action because of my refusal to do certain jobs because it was 'in my contract' but they had previously cut my salary and not adhered to said contract.

    Anyway, I am still here and its Friday so small things make the process go easier. I have a little adventure planned for tomorrow with my kids and as corny as it sounds they are thing that keep me going.


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    #12
    Dublin Lad2021
    Registered Users Posts: 79 ✭✭Dublin Lad2021


    Sydney Youngblood wrote: »
    Dav, I am hoping the award I can get is my contract paid back before they cut it. Strangely enough I was given a 'covid cut' but unlike other members of staff I never got it back. They were also in a rush for me to sign a new contract for 2021 with much worse T&C's and threatened to 'make other arrangements' if I didn't sign it. That's when I went legal.

    Dublin Lad, thanks for your insight. I want to be able to tell everyone how mean they were.

    Honestly if you sat down and look at the whole thing you would think that its totally messed up and sometimes I just don't get it. I was threatened with action because of my refusal to do certain jobs because it was 'in my contract' but they had previously cut my salary and not adhered to said contract.

    Anyway, I am still here and its Friday so small things make the process go easier. I have a little adventure planned for tomorrow with my kids and as corny as it sounds they are thing that keep me going.

    The best thing to do to get these difficult times is to leave work in work and just live for your family and friends and everything outside of work. Don't let it stress you, don't think about what they're doing to you and don't let their behaviour upset you


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    #13
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭LegacyUser


    5 months after initial enquiry and 4 months after the WRC complaint lodged just checking in.

    I went back reading previous WRC cases to see what kind of timeframe and the best that I can see is that its taking about 9-10 months. Initially i was doing this out of principal and the money didn't matter to me. Yeh....now its about the money! All of this could have been avoided but now I want to hurt (or at least sting) their bottom line.

    Now before you say I should just leave and thanks for your concern. I was off yesterday but I may as well have worked, I spent the day with the Sunday night glenroe fear thinking about going back to work. I have to stick with it for now as its a job and my industry field is quite narrow with lack of anything meaningful right now.

    I am still being shut out of key announcements and then given out to when I do not know new procedures despite not getting email in the first place.

    Drinking buddy still hasn't said a word to me.

    There are good days and bad, these are about 50/50 these days. Onwards and upwards.


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    #14
    spaceHopper
    Registered Users Posts: 3,970 ✭✭✭spaceHopper


    Sydney Youngblood wrote: »
    I am still being shut out of key announcements and then given out to when I do not know new procedures despite not getting email in the first place.

    Keep a diary of stuff like this.


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    #15
    dreamers75
    Registered Users Posts: 20,558 ✭✭✭✭dreamers75


    Dav010 wrote: »
    I’m curious as to what award you can get if you are still in your job?

    From the company or the WRC? Do you see the WRC as money?

    There are a minority of cases where its a win win for both parties and it works out that the complaint was correct and the company changes it ways, well there might be some?

    From the OPs sparse posts I think he/she is being "managed out", rather than let that stress him/her out they should let it happen or leave, clearly isnt leaving but is being stressed about letting it happen. Some people use the WRC simply to just prove they were right ( I admire those people) Some use it for money due I admire those too.

    Some people/companies are extremley good at "managing out", all the issues regarding process the OP mentioned could be "available" on a "thing" that he/she agreed to check when they started and they are using that to put strikes against their name. Obviously we dont know any of the story so can only speculate.


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    #16
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭LegacyUser


    I came in to check boards as a bit of an escape for a while. It’s been a rough few days and I’m doing my best to stay between the ditches at the moment.

    I’m keeping a log of everything that goes on. I have screenshots of email strings where my name has been left off.

    When I took the case to the WRC I did so with consulting my solicitor and an employment law barrister. So I’m prepared for their costs. This isn’t about the money for but I am seeking a couple of things which have a financial aspect to it.

    Sorry if I’m vague but I’m actually afraid that someone will find out who I am. I’m a big fan of boards and have talked about stuff I’ve seen here in the past to work colleagues.

    For now I’m sticking with the job. I have kids and a wonderful supportive partner as well as a mortgage. Thanks for all your comments.


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    #17
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭LegacyUser


    AAAGGGHHHH!!! Can I vent?! Mother ****ing assholes!!!!

    Big passive aggressive email sent around today about certain procedure changes not being adhered to. It was a reply from the procedure change email that was sent to 'most' people but not me and are just out and out working against me now.

    I take pride in my work, still! I don't know why. But this has just ****ed me right off.

    Hurry up WRC! I am looking forward to saying no to the NDA so that I can air the industrys dirty laundry in public!


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    #18
    dreamers75
    Registered Users Posts: 20,558 ✭✭✭✭dreamers75


    Dude/dudette you are being "managed out" there is no hurry up with the WRC, as you said you have spoke to a solicitor and an employment law barrister, why are they not advising you to walk away to maintain your mental health and claim for constructive dismissal?

    In your last 2 or 3 posts you have stated you have enough for that, what are you waiting for the WRC to do?

    You are prepared for their costs but it has a financial aspect to it?

    Depending on who that employment law barrister is I would suggest do what they say but maintain your mental health. Its literally a job and not worth stressing over, you will get a new one.

    If that law person is based out of Clonshaugh Industrial estate.......walk away and get a new one.


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    #19
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭LegacyUser


    What am I waiting for? I am trying to get another job before I go. At the end of the day I still have a mortgage and a family to support. My industry is very narrow and there isn't jobs every day being advertised for my industry. So I am still earning even though I am being managed out.

    The WRC has a financial part to it which is mostly based around my contract but will see what comes from it.

    We plough on day to day!


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    #20
    gifted
    Registered Users Posts: 4,864 ✭✭✭gifted


    Love to know the final outcome?



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    #21
    Avatar in the Post
    Registered Users Posts: 27 ✭Avatar in the Post


    WRC decisions are public, names of complainant and Respondent are published along with submissions and ruling.

    So, if you go that far then it will all be open.

    The greatest delay to the process is if the WRC give a date and one of the parties cannot attend, it normally gets pushed out, but you can object.


    I’ve one experience with the WRC, respondent and won.


    What I’m surprised about in your case, and you have legal representation, is if the company has changed your contract, especially after 3 months (and you clearly don’t agree) - I thought you would be entitled to redundancy if they didn’t put you back on contract.

    Was this discussed?



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    #22
    CramCycle
    Moderators, Sports Moderators Posts: 24,508 Mod ✭✭✭✭CramCycle


    While it would be interesting to know, this thread is 3 years old and I can't see a post from @LegacyUser in awhile, so we might not find out.



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    #23
    Avatar in the Post
    Registered Users Posts: 27 ✭Avatar in the Post


    https://www.boards.ie/discussion/comment/122124177#Comment_122124177

    LOL I thought it was active 😅



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