# Difficult employee: contract "hours as rostered" refusing to work Sunday/BHolidays.



## Bus Woman (22 Mar 2010)

Please could someone help me. 

I am in retail and have an employee who is becoming increasing difficult. At the moment she is refusing to work Sundays or Bank Holidays and says she will only work them when I give her more hours during the week. 

Obviously I am trying to share out all the hours so everyone gets their fair share in these difficult times, she already has several warning letters on her file with regard to attitude, we have a fair system whereby not everyone has to work every bank holiday but she wont do any.

I dont know where I stand when someone is refusing to work, she has put this in writing to me that untill I give her more hours on weekdays it would not pay her transport to come in on Sundays and bank holidays, in effect she is refusing to work Sundays and Bank Holidays. 

In her contract I have her down as not set hours but as 'hours as rostered' and the working week is Saturday to Friday inclusive, she is with me 2 years now. 

Its driving her Manager and me mad as she is now picking and choosing when she wants to work and its not fair on the rest of the staff. 

I am meeting with her this week to discuss further, can anyone advise the best way to go about this. I cant afford legal advice and any opinions would be great, it difficult enough trying to keep everyone in a job without this stress to. 

Someone suggested to me just to give her small weekly hours and not to ask her to do any BH's or Sundays as I am only giving her attention by asking her to work when shes not going too, but I wanted to be a bit more professional than just 'ignoring her'. 

Thanks in advance.


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## TreeTiger (22 Mar 2010)

*Re: Difficult employee*

Here's a [broken link removed] to the National Employment Rights Authority (NERA) information on part-time employees.  Hopefully you will find something useful there.

In these times with so many people out of work it's surprising to find someone being as difficult as your employee.  That said, I can sympathise with transport costs outweighing the benefits of working as I have a young relative who spends 4.40 getting in and out of work but is only on 4 hour shifts on minimum wage.

If you think this employee is a very good worker when she is happy then try to come to an agreement, but if she is not - and if she has warning letters due to her attitude, it sounds like she isn't - then I would give her the minimum hours possible and wait (and hope) for her to resign.


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## tenchi-fan (22 Mar 2010)

*Re: Difficult employee*

It's good you have a lot of warnings on file - hopefully you also have a log of any days she refused to work. 

Give her an identical rotation to other employees so she can't claim victimisation. Next time she kicks up, call her into your office and show her the part of the contract which shows her the hours she agreed to. Fully explain the disciplinary procedure. 

Tell her she has to come in Saturday or she will receive a written warning which will stay on her file for 6 months. It doesn't matter how much she complains, she knows what will happen if she doesn't turn up for work. Go through the correct procedures e.g.. that she can have representation at the meeting.

Typically her next warning would be a final written warning. And if that doesn't motivate her, her next stop is the door. 

I think the problem is that you are being stressed out. You might be making threats but you are not following up on them. I can just imagine how annoying it must be for you and other staff but you need to put on your manager hat.


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## Mongola (22 Mar 2010)

*Re: Difficult employee*

It is hard to believe that in this climate people are soooo picky. I know a man that cycles everyday from Crumlin to Dalkey to get to work! 
Her attitude is not very professional and the fact that you have that documented is a plus. I would talk to her and explain to her that you cannot give her more hours during the week but she can get some at the week end or bank holidays: she is given a choice, either take it or leave it!  As you say, this is not fair on th eother employees. At least I hope she is good at what she is doing! Good luck!


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## thedaras (23 Mar 2010)

*Re: Difficult employee*

Tell the employee that there are many others out there who are more than willing to take her place!

Its sounds to me like she wants to be sacked?

Could there be method in her madness?

ie; Is it possible she would get more on the dole than she does in her job?


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## Purple (23 Mar 2010)

*Re: Difficult employee*

Good advice from tenchi-fan. I wouldn't say anything about other people being willing to do her job.


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## becky (23 Mar 2010)

*Re: Difficult employee*

I agree with techni-fan.

Thedaras makes a good point as well. I would have thought working Sundays and PH would be more attractive as they attract double pay.


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## Bus Woman (23 Mar 2010)

*Re: Difficult employee*

Thank you all for your replies, I very much appreciate them.  She has mentioned to one of the other girls that she wants to be sacked, my problem is that she is quite deaf and wears two hearing aids in work and I dont to discrimate against her in any way, although I do feel that is the card she would like me to play.  I d'ont know were I stand in the sense I am offering her work but she is refusing to work weekends and her contract of employment states her working week is Saturday to Friday meaning that she agrees to week any days in that particular week.  I am meeting with her and will show her her contract of employment and I will make sure she doesnt push my buttons and make me do anything stupid, i.e sack her.  I still have a feeling I am going to get now where withher. Thanks again .


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## Latrade (23 Mar 2010)

*Re: Difficult employee*



Bus Woman said:


> I am meeting with her and will show her her contract of employment and I will make sure she doesnt push my buttons and make me do anything stupid, i.e sack her.


 
Just don't rise to it if there are any inflamatory comments. The standard brush off is "I take on board your comments and we can deal with that at another time, however...."

If there are legitimate issues and difficulties with working those days, the meeting is a good time to discuss them, but the contract still remains. 

The key is not to be sidetracked, no knee-jerk reactions and document everything and give the employee copies.


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## MANTO (23 Mar 2010)

*Re: Difficult employee*



Bus Woman said:


> She has mentioned to one of the other girls that she wants to be sacked


 
There's your problem right there, she wants to be sacked as she will not be able to claim the dole if she leaves of her own accord, this should be somewhat comforting to you as you now know it is nothing to do with the company / management.

Play her at her own game, be as nice as pie, be the ever understanding boss, do not retaliate to her difficulties. Giver her warings where due. Keep all incidents noted and also of any witnesses to these incidents. 

If you do not play up to her, she will soon get bored, or with sufficient warnings and evidence you have compiled - sacked. Either way she will not win.


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## Vacuum Box (23 Mar 2010)

*Re: Difficult employee*

I would be more worried for you if your employee reads this post and puts 2 & 2 together.. we know she if female, deaf with 2 hearing aids and has warning letters...


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## Bus Woman (23 Mar 2010)

*Re: Difficult employee*

Thank you vacumm box for pointing that out, but I'm not worried about that, I am seeking honest advice for an honest problem, and if she does read this - good!  She will know the vast majority of people on here know that I am not trying to discrimate against her I am just trying to be fair to everyone and move on with the business of running a business in recessionary times which is stressful enough without employee hassles too!.


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## Bus Woman (23 Mar 2010)

*Re: Difficult employee*

Thank you Vacuum Box for your suggestions, but she is there longer than some of the more recent employees so I don't think I could just make her redundant as you suggest, I cant afford redundancy anyway.  Besides, I'm at the stage today were I'm thinking just let her have her way and let her off working Sundays and Bank Hols even though I know that willl cause me problems and I know thats not fair on the other staff, but you cant actually physically make someone work hours if they don't want to.   I think realistically I'm in a catch 22 situation and am being held to randsom. Theres almost half a million unemployed people, I think I'll just employ someone to work those days and not argue the toss - even though her attitude is very bad, I have bigger fish to fry, with trying to keep the business afloat.


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## Sansan (23 Mar 2010)

*Re: Difficult employee*

Hi bus woman, is it in her contract of employment that she is exempt from sun/bank hol (  please excuse the short hand I'm on an iPhone) I would roster her for sun work pro rata, if she calls in sick as for a cert, if she does not show up give her 2 written warnings a give her the chop, let her live on the dole, she has a lazy spoon fed attitude that will spread like poison to others if she continues to get away with it, she works for you...and if that doesn't suit her give her the rope


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## soma (24 Mar 2010)

*Re: Difficult employee*



Sansan said:


> I would roster her for sun work pro rata, if she calls in sick as for a cert, if she does not show up give her 2 written warnings a give her the chop, let her live on the dole



**If** the employee in question didn't have such an obvious.. whats the PC word here.. if she wasnt 'challenged' in the hearing department I would absolutely take the approach outlined above. It seems fair.

But I imagine that there's a little voice in your head wondering if she's harbouring daydreams of an unfair/discriminatory dismissal case here.. life on the dole AND a payday in court for her which closes your business. I genuinely wish you luck with this, I'm also a Retailer.


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## sam h (24 Mar 2010)

*Re: Difficult employee*

You need to make a clear decision at this stage
 - leave her work the hours suited and go for a quiet life.  However, if she really wants to be sacked so she can claim (JSA & unfair dismissal) then she will still be looking for that get out
 - Get her to work as everyone else and keep rigourous documentation so you have plenty of back up if/when it goes further.

My OH had a similar problem with an employee.  The employee felt they were only earning the difference between what they got from benefits (JSB, RA, Med card etc) and their actual salary.  So they made a concerted effort to get sacked.  It wasn't happening fast enough so they walked out over a very trivial matter.  

They then took a case for unfair dismissal.  It got overturned at the inital stage (arbitration I think) and they did not turn up for the 2nd hearing (unfair dismissal hearing), so it proceeded without them and it was thrown out as they were happy there was no grounds.  In this case the employee was working for less than a year so there would have had to have been extreme circumstances for there to be unfair dismissal)

So long as you ensure you are not discriminating against her and you keep rigourous documentation (and make sure she gets copies of all letter with details of her right to reply within a reasonable timeframe etc) I would suggest you stick to your guns.  Otherwise you will be setting a very bad example for the rest of your staff who may in turn feel they are getting a raw deal.


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## censuspro (26 Mar 2010)

*Re: Difficult employee*

Contact the SFA (small Firms Assoc) they deal with this all the time.


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## number7 (26 Mar 2010)

*Re: Difficult employee*

Call your meeting with her, Outline your expectations of her with regard to BH and sundays (make sure what you are asking is in compliance with employment regulations). Explain that you will implemtent the company disciplinary proceedings should she not carryout her duties as set out in the contract and then follow through until you reacha point where you have issed enough warning (do it in a really nice and sympathic way with a witness) that any case will percieve you to have been fair.

Assuming that she pushes you to let her go yuo could then write to her offering her the option to return to work but only on the same terms and conditions as all other employees with regard to BH and Sunday work make sure you sugar coat it, "you are great in all other aspects etc". 

This will help you if the situation goes to arbitration as you can say she was a wonderful person and that you thought very highly of her so highly that you even tried to get her back after terminating her employment but that she just wasnt prepared to work to the companies proceedures.

 Dont be bullied, would Michael O Leary take it? I dont think so.


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## ajapale (26 Mar 2010)

*Re: Difficult employee: contract "hours as rostered" refusing to work Sunday/BHoliday*

Moved from  Askaboutbusiness to Work & Employment Rights, which is where all aspects of the Employer / Employee relationship are discussed on AAM.


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