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  #1  
Old 14-10-2010, 11:22 AM
mollymaid mollymaid is offline
 
Join Date: Oct 2010
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Unhappy losing my job

hi im looking for any advice pls ive been out of work really ill since sep 09 and am not recovered to go back yet ,ive been with the company 10 yrs and last week my boss informed me they would be lookin for my resignation as they might not be able to keep my job open as the girl filling in for me is anxious to stay on but isnt sure if she should or look for work else where ,also if i give my resignation would i lose my social welfare payment giving up a job or would it be easier for them to let me know,im feeling really shafted as ive given them 10 hard years of grafting and built them up from nothing. any advice would be much appreciated thanks
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  #2  
Old 14-10-2010, 06:09 PM
exileonpatrickstreet exileonpatrickstreet is offline
 
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if you're a full-time employee and you're genuinely ill - have doctors/hospital/etc to back you up - then they can't just straight out and fire you. it's illegal.

speak to the citizens' advice bureau or even the dole office, they'll be able to tell you exactly what your rights are.

is your workplace unionised? even if you're not a member, speak to the union rep, they should be able to help you. (they may insist you join the union, but imo everyone should be a union member, for exactly the reasons you're experiencing now.)

no matter how hard it gets, don't be bullied into resigning voluntarily, because you will lose a rake of benefits. in fact, drop a hint about being bullied, if they have any sense they'll hear a compulsary redundancy lawsuit coming and back off.

look, it's tough for the girl standing in for you, but you're not her employer, it's not up to you to look out for her. in hard times like this, you have to look out for yourself, and at least she seems able to find more work, unlike you.

best of luck, let me know how it goes.
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  #3  
Old 14-10-2010, 07:18 PM
mollymaid mollymaid is offline
 
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hi there thanks so much for the advice appreciate it ,ill ring citizens advice tomorrow to clarify it.will let you know .thanks again.
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  #4  
Old 14-10-2010, 10:02 PM
rebeloreilly rebeloreilly is offline
 
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Ask to speak with Tom Daly, think he is in South Mall Office, he is an ex-Labour Inspector and very much the person in the know about such things.

As far as i know they can't let you go without you being medically checked over, but at this point they can ask that you see their doctor. Overall its all a bit of a grey area as 90% of industries in Ireland don't legally have any sick pay provisions. However i think that if they do let you go and openly declare that someone has taken over then you would have a genuine case for Unfair Dismissal. If they want to let you go and you feel the writings on the wall then you could ask for Redundancy, which would be worth 2 weeks for every year worked plus 1 bonus week. But either Unfair Dis or Red should be open to you.
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  #5  
Old 14-10-2010, 10:38 PM
mollymaid mollymaid is offline
 
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hi and thanks for info,ive already been medically assessed by their doctors as recent as september and passed medicals and their doctor couldnt give them a time frame when i would be suitable to return ,im not been paid by them im only in receipt of welfare ,its upsetting as ive always had a great relationship with my manager even though i know shes only doing what shes been told but she probably guessed she could talk me into it .i do feel they want to let me go but if i get a redundancy doesnt that mean my job cant be filled? ill look up tom daly as i havent given her my answer yet even though shes asked me again.thanks again
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  #6  
Old 15-10-2010, 06:20 PM
doppellanger doppellanger is online now
 
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Quote:
Originally Posted by mollymaid View Post
hi and thanks for info,ive already been medically assessed by their doctors as recent as september and passed medicals and their doctor couldnt give them a time frame when i would be suitable to return ,im not been paid by them im only in receipt of welfare ,its upsetting as ive always had a great relationship with my manager even though i know shes only doing what shes been told but she probably guessed she could talk me into it .i do feel they want to let me go but if i get a redundancy doesnt that mean my job cant be filled? ill look up tom daly as i havent given her my answer yet even though shes asked me again.thanks again
they usually have to make the position redundant, not the worker. So if someone is doing your job they can't say the position is redundant. You could try to do a deal with them where you tell them if they fire you and give you an ex-gratia payment of 6 months pay you won't sue them? You'd probably have to get a lawyer to draw up a contract to do that.

Forgot to say - Get well soon.
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Last edited by doppellanger; 15-10-2010 at 07:53 PM..
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  #7  
Old 15-10-2010, 07:03 PM
exileonpatrickstreet exileonpatrickstreet is offline
 
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Quote:
Originally Posted by mollymaid View Post
hi and thanks for info,ive already been medically assessed by their doctors as recent as september and passed medicals and their doctor couldnt give them a time frame when i would be suitable to return ,im not been paid by them im only in receipt of welfare ,its upsetting as ive always had a great relationship with my manager even though i know shes only doing what shes been told but she probably guessed she could talk me into it .i do feel they want to let me go but if i get a redundancy doesnt that mean my job cant be filled? ill look up tom daly as i havent given her my answer yet even though shes asked me again.thanks again
i can't say for sure since i don't know your full story, but i'm pretty sure you're entitled to sick pay. if she's any cop at all your manager knows this, so, great relationship or not, she's stiffing you
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  #8  
Old 15-10-2010, 07:43 PM
Foggy Hayes Foggy Hayes is offline
 
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All I can say is make sure you document all information between you and the employer. If they ring you dont answer but repond via email, that way you have proof of what they are saying and it can stand up in court should the case arise.
If you are asked again to visit their Doctor they are supposed to give you an option of 3 although it is not a legal requirment, exercise this option as they will probably have a preferred one who may be biased towards the company.
Was it a work related injury or injury sustained outside of normal working environment or work related tasks??
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