Employee Rights: where do I get advice?

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FeuFollet

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I asked NERA -aka employmentrights.ie- who said they couldn't help me. They suggested to try Union Connect who are 'very good.'

Union Connect told me that all they do is... connect employees to unions and they recommended SIPTU or Unite.

Rang SIPTU who tell me that I am not a member so I can't get help on current issue at work but they are still helpful in giving me some more detailed, but generic information. They advise me to call the Department of Trade Enterprise and Employment.

The Department of Trade Enterprise and Employment tell me that they will connect me to Employment Rights. And the loop is looped, I am back where I started.

So if anyone here has any better advice for me, I would appreciate it. Perhaps you know a service which can give me advice on my own personal case (I know all the principles and employment rights but I am at a loss because my employer is blatantly ignoring them and has incomplete procedures in place)? Perhaps you can recommend a particular lawyer (message privately if you do). Perhaps you also have similar painful experiences.

Thanks in advance.
 
Employee grievances, bullying, discipline, health and safety... There are no procedures, incomplete procedures or funny things going on with the way the procedures are applied or ignored.

I need someone to tell me whether I am right in thinking there is something wrong, have a leg to stand on and how to go about protecting myself and getting the company to work by the rules.
 
without giving more details of what the situation is, it's impossible for anyone to give any constructive advice
 
Examples:

The company ignores employee grievances
The company has disciplinary procedures but e.g. no appeals and will skip the verbal warning
The company does not have health and safety procedures and does not review health and safety as required by law

I am looking for services which advise employees on their specific situation. So far, the ones I have tried just passed me around but none helped or advised.
 
Hi there, am I correct in saying you work for a company and are not happy with certain procedures (or lack of). You may find it difficult to get the information you require. However if there is something that is happening you, i.e. you are being bullied, or what ever I would get advice from a solicitor.

P..
 

Depending on the circumstances, a company may be perfectly entitled to decide a grievance has no merit and is entitled to skip a verbal warning if the issue is serious enough. Indeed, I doubt if there is anything in employment law that states when a verbal warning should be given.

Health and Safety is a different story. There is specific legislation laying down the requirements a company should follow. The Health and Safety authority (HSA) may be the best place to start
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It's possible if you outlined some specifics of the issue, you may get some good advice from other posters on here
 
Thanks, Mpsox. I can only agree with the points you make.

I understand that 'depending on circumstances' consequences may vary. That is precisely why I need to find a service, company, lawyer to assess the circumstances and tell me whether I am acting within reason or I am deluded. I believe the circumstances do not justify the current actions.

I am not asking AAM members to tell me what their opinion of it is (with all due respect I don't know any of you) but how to go about finding the help I need.

Regarding HSA, I don't need more help with this at the moment. It is more clear cut and I am aware of the legislation just not sure how I get the employer to observe the rules.

If there is something that is happening you, i.e. you are being bullied, or what ever I would get advice from a solicitor.
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PinkyBear - you are quite right. It seems a solicitor is the way to go. I appreciate any other tips and in particular messages from people who have had a similar battle to fight.
 
Here is one of the issues:

Work initiating a disciplinary procedure (DP).

Why the procedure?
The MD felt his authority was threatened when I told him he would have to wait 10 minutes before I could help him (numbering paragraphs in his word document), because I had to solve another problem at the time as I explained AND I was in the middle of a training session with another employee, which my manager had requested me to do.

Fixing the MD's issue 10 minutes later was of no consequence to the company (nothing critical) and that was came out clearly in our conversation afterwards. It also meant that I could solve two problems for the company. So I acted in good faith and explained this well, remained polite etc.

I find the DP is way out of proportion given that issue was solved, that I was not the only person present at the time who could solve the MD issue either.

The Employee Handbook notes (under DP details) that "For the most part your own conduct at work should be governed by your own jusdgment, consideration for fellow workers and respect for the company" which I believe is what I did.

Note also that my track record is excellent - unless they make something up now, which would hardly surprise me.


Questions:
Am I the only person to think that this is ridiculous, unfair, out of proportion?

Can the MD pick who will run the DP for him? He has asked an external vendor - the company accountant - to run the DP. Since that accountant gets a cheque from the MD every month for his business, I doubt he'll be unbiased. But what word if any have I got in this?

The accountant now also states that "it is also suggested that your actions under the circumstances may have harmed the company." This is news to me and so vague I can't even entertain the idea. Does it look like to you like someone is trying to aggravate what is essentially trivial? They should be very afraid of how a Labour Court would see my side of the story and is that why they are trying to pressurise me with DP?

While none of this is of much importance and fundamentally I dont care either way if they want to waste more time on this to end up writing 'naughty' in my personnel file for the next 9 months.... but why should I accept what seems to be completely unfair and irrational? Besides, if they can start a DP for such trivial stuff and hang me over it, isn't that telling me that they have some ulterior motive?

I really want to get on with my life and continue to work normally (love my job and I'm good at it) but this person is doing everything to escalate the matter to the worst possible degree and my stress levels are through the roof. If I let them get away with this then what next?


So here are the specifics of the DP. All good advice appreciated and all leads already received are being put to good use.
 
d2x2 said:
Regarding HSA, I don't need more help with this at the moment. It is more clear cut and I am aware of the legislation just not sure how I get the employer to observe the rules.
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To get them to observe the rules, you report them to the HSA and let the HSA do the enforcing.


Either suck it up and move on, or get a solicitor experienced in employment law to get involved. Note that once the solicitor gets involved, you will effectively be negotiating your exit package.

And when you get your next job, join a union BEFORE you start having problems.
 

Whilst I would disagree with Complainer about unions (a discussion for another day so let's not go there), the other thing I would suggest is that when the MD of the firm asks you to do something, that should go to the top of your to do list. If the task was only going to take 10 minutes, then why not do it and explain to everyone else why you had to break what you were doing?. Ultimately, the MD decides what is crucial to the company, not you. That's life, and as Complainer suggests, suck it up or start working on your CV.
 
The MD may or may not be the owner/shareholder. But even if he is, are we still at the stage where staff cannot disagree or question an MD? If the MD asks you to do something dumb (like interrupting your work for a trivial matter), it seems very reasonable that you can disagree or defer.

This isn't the 1960s.
 
go to your local Citizen's Information Centre, they are great,
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They are great. The nice lady who spoke to me on the phone clarified some points about the external but not impartial mediator.

report them to the HSA and let the HSA do the enforcing.
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Oh yes. I hope the penalties are very high!

Ultimately, the MD decides what is crucial to the company, not you.
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Sure. Engaging a disciplinary procedure over some dumb stuff like this really shows that he has his priorities right. Four weeks and counting, seven people dragged into this! Recession? Competition? Let's beat our staff into submission first.

If the MD asks you to do something dumb (like interrupting your work for a trivial matter), it seems very reasonable that you can disagree or defer.
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I can only agree with this obviously but it's great to hear it from someone else.

Either suck it up and move on, or get a solicitor experienced in employment law to get involved.
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Suck it up means getting my name muddied and leaving myself open to further unfair, unjustified attacks. Emmm no thanks. On the other hand, I love my job and everybody else is decent in the company but all terrorised by the same man that they'd rather keep a low profile.

Thank you dear AAMers!
 
Complainer said:
Join a union BEFORE you start having problems.
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I have come across several cases where a union was willing to accept new members even after the event.

On the other hand I have also come across cases where the employee was told "tough luck" you are not a member and we wont/cant help you beyond generic help.
 
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