Hourly pay cut

Missladycakes

Registered User
Messages
25
UPDATE

Spoke with WRC and here is what I have learnt.

A) Against the law to reduce hourly rate - she can make official complain but it takes years to sort out.
B) Term of employment should have been given after she started working there. However now that it has been requested her employer can take up to 2 months to give it to her???? Even though he never gave her one in the first place. She can make a complaint via Industrial Relations. The act changed in March 2019 and a copy must be given within 5 days but not if you already work there.
Also note he can now change the terms of employment to suit himself as it wasn't given in the first place. She doesn't have to sign it.
C) Can she record or have someone present during meeting? That depends on what is in her terms of employment (Which he never gave her!) She can request information regarding his procedure for grievance but there is no time limit for supplying it.
D) He must give 24 hours notice to lengthen or reduce her hours - she can make an official complaint but again it takes forever.

Data commissioners has confirmed she cannot record meeting unless she asks and gets written confirmation. She can take the minutes of the meeting but it will be seen as hearsay.

So there you go. She will complain but he probably won't be in business by the time anything happens and she will not be working there either.
 

Purple

Frequent Poster
Messages
9,274
UPDATE

Spoke with WRC and here is what I have learnt.

A) Against the law to reduce hourly rate - she can make official complain but it takes years to sort out.
B) Term of employment should have been given after she started working there. However now that it has been requested her employer can take up to 2 months to give it to her???? Even though he never gave her one in the first place. She can make a complaint via Industrial Relations. The act changed in March 2019 and a copy must be given within 5 days but not if you already work there.
Also note he can now change the terms of employment to suit himself as it wasn't given in the first place. She doesn't have to sign it.
C) Can she record or have someone present during meeting? That depends on what is in her terms of employment (Which he never gave her!) She can request information regarding his procedure for grievance but there is no time limit for supplying it.
D) He must give 24 hours notice to lengthen or reduce her hours - she can make an official complaint but again it takes forever.

Data commissioners has confirmed she cannot record meeting unless she asks and gets written confirmation. She can take the minutes of the meeting but it will be seen as hearsay.

So there you go. She will complain but he probably won't be in business by the time anything happens and she will not be working there either.
Get her to write contemporaneous notes. Sending herself an email is a good way of doing that as it is time stamped.
Get her to communicate with her employer in writing (text or email). If her employer replies verbally then outline what they said in a text or email reply to her employer. If they don't deny it then they are accepting it.
She can leave her job and still take a case to the WRC.
I don't like employers who abuse their employees. I don't like internships or other things like that which are an excuse to under pay people.
 

Setanta12

Frequent Poster
Messages
1,140
No bad job is worth the stress it brings. Kid doesn't need it in exam year.

Sell car and use proceeds to pay loan until the Summer and then with another job try pay rest. No insurance costs with no car. Get kid to approach other employers even if they are not advertising on the off-chance they may need someone in weeks/months to come.

One way or the other, this employer/employee relationship is burned. Good lesson to learn early. Also huge incentive to study!
 

Missladycakes

Registered User
Messages
25
Get her to write contemporaneous notes. Sending herself an email is a good way of doing that as it is time stamped.
Get her to communicate with her employer in writing (text or email). If her employer replies verbally then outline what they said in a text or email reply to her employer. If they don't deny it then they are accepting it.
She can leave her job and still take a case to the WRC.
I don't like employers who abuse their employees. I don't like internships or other things like that which are an excuse to under pay people.
Thanks for that.
He won't accept any messages from whatapps as he has before and they don't have a work email to message him on. She liked Whatspp as you were told when it had been read. We shall see what tomorrow brings.

(Had to google contemporaneous notes!)
Thanks
 

Missladycakes

Registered User
Messages
25
Another update

Terms of employment was left in the work place for her. She collected them and its dated January 24th 2020 on date of commencement. This should be date of commencement of employment! It state the new rate of 8.08 per hour. Hours of work 3, not entirely sure of this one as she works 5 hours per day if not more and states normal start time 18.00 and finish time 21.00 again not the hours she works.
The grievance and disciplinary procedure are just has link to work place bullying??

She will not be signing it but has highlighted areas and sent it back with questions.

Thanks
 

Missladycakes

Registered User
Messages
25
UPDATE

She was asked what's all this paper work about. She was told no more paperwork or text only talking. He spoke to her for 45 minutes at the end of her shift about how he's not making enough money, he has bills, business is bad etc. (Food industry always suffer in January, he owns another one, he must know this!) He said either 4 hours per week at 9.80 or 9 hours per week at 8.08. (Her contract was for 12) Now keep in mind she's there 18 months, the longest of all counter staff members. No one else has hours reduced or pay reduced. It suited him to have her hours/days increased to 12 out of 14 days over the Christmas when a staff member left. He then said her old contract will expire on the 24th of February and she will have to sign a new one with the new rate or she has a week to leave??? Now I know from googling that you can't force and existing employee into a new contract, you can't reduce pay without both sides agreeing to it etc. She came home deflated and worn out. She let him do all the talking as she's knows from previous experience he doesn't' listen to what you have to say anyway. At the end she informed him that this conversation wouldn't have been necessary and the paperwork wouldn't have been given had he just left her pay as it was. Finally she told him she wouldn't be signing anything with a reduced pay and if he gave her paperwork it would be brought home to read first.

Oh he asked her "who have you been talking to?" and she said WRC. He then told her it was a breach of her contract to speak about her job outside of her job. WOW! Seriously scaring her so she doesn't talk with WRC. Oh my.

I think she will end up giving her two weeks notice and sell her car just for peace. Something she had saved very hard for. I just think it's horrible that he can do this to her. She also will still be putting forward a complaint against him so it doesn't do it to someone else.
 

Setanta12

Frequent Poster
Messages
1,140
Oh he asked her "who have you been talking to?" and she said WRC. He then told her it was a breach of her contract to speak about her job outside of her job.
He will deny he ever said this.

Have the WRC been keeping record of your calls or are they anonymous calls to the WRC? It sounds to me like this is definitely a case of constructive dismissal and calls ot the WRC might be persuasive evidence.

One way or the other, your kid must leave.
 

beautfan

Frequent Poster
Messages
135
Tell her to keep looking for another job. WRC is fine and dandy but it will be ages before anything significant happens and then possibly feck all.

While she's there put up and shut up. She needs to pay for the car.

If she wants to stay with the, oh what he did was illegal, fine.

In my opinion life is too short. And I am saying this as a HR person.
 
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