I helped a former health care worker (foreign national) with complaints to WRC. She worked in a nursing home setting- while training to be a nurse at college.
Two complaints
Payment of wages- Not paid standard increase that all carers received after the initial assessment period (3 months). Nursing home confused her when she made multiple queries during employment- claiming that they received reduction in funding from HSE and could not pay.Only after a Data Protection Act request was submitted 2 years after employment ceased did they admit error- c. €2000. They refused to pay until former employee to write confirming acceptance of payment. Complaint to Work Place Relations Commission- Payment of Wages- Obviously case was successful- despite employer producing different records and trying to reduce the amount.
Discrimination- Employee was particular diligent at work- given that she was working towards a future career as a nurse. However, in breach of her contract- the employer did not carry out any work reviews during 2 years of employment (first review after 3 months would have resulted in 'automatic' increase in hourly rate. WRC and employer initially rejected discrimination case due to '6 month rule'. However, the most recent incident of discrimination was the actual payment of wages some 2.5 years after they were due. WRC has now arranged for an Adjudicator Hearing of the case.
The complainant or I are not expert in this general area - and expect employer will bring legal representation, etc despite case being 'black and white'. Is there anywhere one can get 'pro bono' legal representative or a legal student looking for experience? We would like to present the case in a professional manner given that the WRC now considers that the case is worth hearing.
Ultimately- the former employee is now a fully qualified nurse and particularly happy with her career. But as a carer in a health care setting, current/ future employees of the nursing home may lack the confidence and support to challenge the employer from multiple breaches of employment code, etc. In addition, such employees would be most afraid that their employment could cease if they made a formal complaint.
Any help/ advice would be appreciated for this next stage...
Two complaints
Payment of wages- Not paid standard increase that all carers received after the initial assessment period (3 months). Nursing home confused her when she made multiple queries during employment- claiming that they received reduction in funding from HSE and could not pay.Only after a Data Protection Act request was submitted 2 years after employment ceased did they admit error- c. €2000. They refused to pay until former employee to write confirming acceptance of payment. Complaint to Work Place Relations Commission- Payment of Wages- Obviously case was successful- despite employer producing different records and trying to reduce the amount.
Discrimination- Employee was particular diligent at work- given that she was working towards a future career as a nurse. However, in breach of her contract- the employer did not carry out any work reviews during 2 years of employment (first review after 3 months would have resulted in 'automatic' increase in hourly rate. WRC and employer initially rejected discrimination case due to '6 month rule'. However, the most recent incident of discrimination was the actual payment of wages some 2.5 years after they were due. WRC has now arranged for an Adjudicator Hearing of the case.
The complainant or I are not expert in this general area - and expect employer will bring legal representation, etc despite case being 'black and white'. Is there anywhere one can get 'pro bono' legal representative or a legal student looking for experience? We would like to present the case in a professional manner given that the WRC now considers that the case is worth hearing.
Ultimately- the former employee is now a fully qualified nurse and particularly happy with her career. But as a carer in a health care setting, current/ future employees of the nursing home may lack the confidence and support to challenge the employer from multiple breaches of employment code, etc. In addition, such employees would be most afraid that their employment could cease if they made a formal complaint.
Any help/ advice would be appreciated for this next stage...