# Unfair Dismissal Union Rejects Me



## Goo (28 Sep 2010)

Hi 

Last year my contract was not renewed due to a complaint I made against a manager: I was unfairly dismissed because once I made an official complaint about my manager bullying me. Another person in work was told that they would get rid of me at my next contract renewal. 

I went and applied to the E.A.T. advised by my union that I had a great case. 

Now two weeks before my case hearing my union rep has turned around and told me that now my case is weak and yet nothing has changed over the year of waiting for my case to be heard.

He also said that the case maybe published on my local newspaper along with the E.A.T. website and some industrial mag. and that potential employers would see these and brand me as a trouble maker.

I'm not old and do not want to ruin my career, he also said I would have no chance of getting my job back and compensation would be between €5,000 and €15000 which to me is not worth it if I can't get a job anywhere after I'm branded a trouble maker.

I don't know what to do any help appreciate. 

Maybe I should just defer the case with E.A.T. and get my self a good solicitor any suggestions?

Thanks all


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## dereko1969 (28 Sep 2010)

I'm not sure that employers search EAT reports and local newspapers to see if potential candidates for jobs have brought cases before. 
I would say that your Union rep is not exactly being helpful. You paid your subs to your union, you are owed their assistance in taking your case, I would ignore the reps opinion (if you feel you are right) and continue the action.


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## Goo (28 Sep 2010)

Yes, everything was going fine till I made the complaint about being bullied by the manager.

I have been so depressed and I took the case against the company because my union rep said it was such a strong case and now the head guy in the union told me a year later that the case is weak, not sure but I think he has been compromised by the company I worked for as they are a huge company money under the table job I fear.


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## Sandals (28 Sep 2010)

not sure if any help but family member applied for a day off few years back for appointment, anyway appointment ended up being cancelled but the person went ahead and took day off anyway. Now in the meantime company was being taken over by a larger well known company who at the time were looking for ways to get rid of the current staff as overstaffed and so had hired private eye to check on any suspect carry ons by the staff. this person was photographed on the day off "working" on a family members property and on his return to work ie the next day he was suspended for breach of contract pending further investigations and week later contact (after nearly 20 years) terminated.

Outcome: case won, awarded over €30,000 after costs and his old job back. He did appear in the tabloids but it was in a positive light ........this person is in fulltime employment in roughly the same area in different company.


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## Brendan Burgess (28 Sep 2010)

There is no comparison in the two cases here. 

Goo says her contract was not renewed. This suggests to be that, eh, her contract was not renewed. Not that she was dismissed. 

Goo - you probably need to get a second opinion from a solicitor on the case. If you have a solicitor representing you, it's possible that your former employer will try to settle with you. A public case is in no one's interest.

I wouldn't worry about publicity any more. You have taken the case. When a new employer checks a reference with the old company, they will hear that you took a case for unfair dismissal.

Brendan


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## fababby (28 Sep 2010)

Looks to be a case of Penalisation as defined under Section 27 of the Safety Health and Welfare Act 2005 - Penalisation includes actions taken by the employer which are clearly to the detriment of the employee, including suspension, dismissal, demotion, or imposition of any discipline as a reprimand or financial penalty but also extends to activities which an employer might not consider to amount to penalisation, such as transfer of duties, change of location of place of work, change of working hours and coercion or intimidation. *The employee will have to show that the penalisation complained of
arose as a result of the complaint made by them.*

Redress is via the Rights commissioner though not EAT (can be appealed to Labour Court) within 6 months of the dismissal (can be extended under exceptional circumstances) so you might be outside the time now?  You really should take legal advice.

A


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## alaskaonline (29 Sep 2010)

> He also said that the case maybe published on my local newspaper along with the E.A.T. website and some industrial mag



i was always under the impression that without the person's consent (in this case you) no newspaper is allowed to print your name especially if it's possibly in a "bad light" aka in a name and shame way


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