# Left my job... am i entitled to anything?



## weejasy77 (28 May 2008)

I decided to have a go at getting a trade at the ripe old age of 31. I started as an apprentice plumber but I only lasted 3 months as I got fed up with my employers lack of professionalism.  He was constantly late, i worked extra hours without extra pay, he smoked constantly both in the van and on site, he refused to give me pay slips, turned up hungover/drunk and  would not put me through my safe pass course.

I finally jacked it in on Monday morning when i waited at his yard from 8 am until 9 am without him showing up (i hate waiting on anybody/thing).  I phoned him and said i was going home as i was fed up waitng for him and he told me to go on to the job but i refused and went home were i'm sat since.

Because I left voluntarily would i be entitled to JSA?  I am currently in receipt of FIS, I am married with 3 children.  I have contacted a few other plumbers to see if they can take me on.

Help... anyone?


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## ClubMan (28 May 2008)

Did you check the qualification criteria for _Jobseekers Allowance/Benefit_ on www.welfare.ie ? You should probably just apply and see how _SW _evaluate your application. www.citizensinformation.ie might also be able to help you in terms of explaining what allowances/benefits/payments/supports you might be entitled to.


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## Ghodadaba (28 May 2008)

Have you thought about bringing a case against him for constructive dismissal http://www.citizensinformation.ie/c...d-redundancy/dismissal/constructive-dismissal

It sounds like he made your life unbearable and your position untenable. I'd take him for everything he's got. It won't cost you much to file a case with a tribunal....


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## weejasy77 (28 May 2008)

I've checked and should be entitled to jsa as i am/was the sole earner in the household... the only stumbling block being that i left voluntarily.  Has anyone had experience of the disqualification system for "Leaving employment voluntarily without just cause"?

Does smoking in the van etc count as "just cause"?  How can I prove this?  Surely my ex-employer will not incriminate himself by stating that the above is true.  I doubt if he'll be very co-operative in supplying me with my p45.


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## weejasy77 (28 May 2008)

Not really interested in going down the constructive dismissal route as he didn't really sack me.  I just haven't showed up to work for the past 3 days... He hasn't contacted me and I have not contacted him.  The two of us are probably as thick as each other and awaiting  the other to make the first move.

If the truth be told... I don't fancy serving a four year apprenticeship under those conditions.  If it's as bad as that now what will it not be like a 2/3 years time!


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## ClubMan (28 May 2008)

weejasy77 said:


> Has anyone had experience of the disqualification system for "Leaving employment voluntarily without just cause"?


_SW _*may *defer your claim as explained on their website. Each case is evaluated on its own merits as far as I know. There are several existing threads discussing the issue of when/how claims might be delayed in such circumstances.


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## Ghodadaba (28 May 2008)

weejasy77 said:


> Not really interested in going down the constructive dismissal route as he didn't really sack me. I just haven't showed up to work for the past 3 days... He hasn't contacted me and I have not contacted him. The two of us are probably as thick as each other and awaiting the other to make the first move.
> 
> If the truth be told... I don't fancy serving a four year apprenticeship under those conditions. If it's as bad as that now what will it not be like a 2/3 years time!


 
You may be mixing constructive dismissal up with unfair dismissal. UD is where he sacks you, CD is where you leave of your own accord.

He doesn't have to have sacked you at all for you to claim constructive dismissal. CD is where you make the decision to leave, but afterwards argue that he made it impossible for you to stay. This sounds like your situation.

You don't do it to get your job back, you do it to reclaim lost earnings.

If you are out of work and out of pocket because your boss created impossible working conditions, then you have a clear case for constructive dismissal.


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## Welfarite (29 May 2008)

weejasy77 said:


> I've checked and should be entitled to jsa as i am/was the sole earner in the household... the only stumbling block being that i left voluntarily. Has anyone had experience of the disqualification system for "Leaving employment voluntarily without just cause"?
> 
> Does smoking in the van etc count as "just cause"? How can I prove this? Surely my ex-employer will not incriminate himself by stating that the above is true. I doubt if he'll be very co-operative in supplying me with my p45.


 

Remember, you will lose your FIS now that you are no longer working.

SW treat every case individually and you could be disqualified for up to nine weeks. The main reason that this sanction is there is to stop people giving up low-paid work for nebulous reasons in order to claim SW. 
Thus, you should write down the precise reasons that you gave up your job. Bear in mind too that our employer will also be asked for his version of the reasons why you left, before a decision is made.


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## Welfarite (29 May 2008)

AFAIK, a new application will have to be made as the new employer will have to certify the number of hours and rate of pay.

In relation to your situation, I pulled the following off the website:

_" 'Good cause' is not defined and it is for the Deciding Officer to apply a common sense meaning to the expression in considering the case. Factors that may be taken into account could include the circumstances surrounding any changes in working conditions, the financial situation of the firm, whether leaving the employment amounted to constructive dismissal (i.e. the person left the employment following harassment/abuse from the employer)."_

If the employer replys to SW with his reasons why your employment terminated, you are entitled to make further comment on his obvservations before the DO will make a decision. 

If you think you will be back at work fairly quickly, my advice would be to write out your reasons for leaving the employment precisely and matter-of-factly (no emotion) make your claim immediately (don't wait for P45), handing in that statement when they ask you why your job ended. Best scenario is that they will decide that you had just cause fro leaving and you won't be disqualified. Worst scenario is that you will be disqualifed adn you can appeal this. The CWO will pay you while your case is under appeal which means you won't starve.


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## Black Sheep (29 May 2008)

Was this a Fas backed apprenticeship. If so you should be talking to them and looking for another sponsor if you wish to continue in this trade. 

Not all plumbers behave like that.


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