Hi, i am posting on behalf of my husband and arising issue with the current employer.
It is very small company (owner, my husband, admin) is not doing well for the quite a long time, as owner is not willing to make any investments, selling products/services which company is not able to fully support etc.
my husband started as an tech admin in 2013 full time (on 24k). 6 months later tech manager left and my husband was promoted to his position. nobody was hired to fill admin position so my husband was doing both. and problems started. As my hubby is not fully qualified and did know only some of the systems company was working with, but he was told "no worries training will be provided" - which never happened. Instead of that employer started complaining that job is not completed or my husband is not able to finish something due to lack of experience (sic!), that it is taking to much time to get from one customer to another - my husband didn't have a company car so was going every where walking, bus or Luas.
He was sending some time at home after hours studying on his own and trying to figure out the issues. The pressure was high. His employer was helping with minor projects.
In August 2014 my husband felt ill on the way to client. He collapsed on the street and was taken to hospital by ambulance to ER and kept at Cardio dep for 2 days. His employer seems not to bother and rang to ask when my husband is planning to get back to work... He was not paid for the time on sick leave which took only a week - as per doc advise I insisted for longer brake, but he was already getting work related calls - simply my husband was afraid that he will loose his job. His med chart says that his cardio problem is caused by workload and stress.. his employer never asked for the medical report, issue was not reported anywhere.
When my husband came back to work asked if company can purchase a car - he received a city bike card in response. when my hubby asked if he is serious - employer turned it into a joke.
Company was not doing well so he was moved PT - no notice, nothing, just conversation saying: from next week you work 3 days. My husband asked for the contract amendment - never received. 2 months later, company got few new clients on board, there was a money flow, my husband got back full time, there was admin hired. everyone seems to be fine.
My husband asked for the company loan so we can buy a car. they agreed with the employer that we will pay it back within 2 years and when balance is cleared the name in the log book will be changed into my husband name. All was agreed via email. We were paying back every month agreed amount and every time we sent email with confirmation. It becomes messy when employer got a fuel card for this car - which my husband was using, and returning costs of any personal travels - which his employer agreed with and signed via expenses sheet every month.
then problems started again. 2 big clients left, there was no money flow. He was late with payment of wages, he was paying after pay day, or in installments - of course with no notice. in the mean time he was making personal withdraws for holidays or bills, while he was saying that there is no funds to pay salaries.
every month for the past 4 months my husband is getting a call on the pay day that his salary won't be paid as he owes company money, he caused loads of costs and he needs to repay them. we sent information from Wages Act saying that he cannot do that without notice, and advised that we contacted NERA - money were on the account straight away. However since then he started complaining that my husband is:
1. wasting time while in the car in traffic as he can make calls to customers or check emails
is not filling in the dairy or not responding to clients emails sent on weekends or after office hours.
2. that he cannot fix systems which he is not trained in - and employer sold them to clients knowing that - and company is loosing customers as he should learn and educate hims self if needed.
3. he was asked for copies of the phone bills for the last 2 years and accused of "stealing" company money by making personal calls (even when employer was signing off bills every month for payment). however my husband proves that personal costs were around €90 and offered to return them back - which employer accepted.
4. he was asked for copies of fuel card bills being accused of not repaying all private travels (even when employer was signing off bills every month for payment) - this was not yet resolved as my husband asked him to review fuel expense he was presenting every month.
Due to stress and all the situation my husband started looking for a new job and asked in August to be moved to 4 days a week and from October 3 days a week "due to personal reasons". He offered that if replacement will be found he will provide with the training and will come to work extra days if necessary. He asked that in writing, giving one month notice, which his boss verbally approved.
Again in August he got a phone call that his salary won't be paid as he caused costs to company. We asked what costs, but employer response was: "you have to prove me what costs". we send and email again with employment rights regulations and that we are in touch with NERA, and... salary was transferred an hour later.
in second week of September my husband was told on Monday that from the next Monday he will work 2 days a week this same as other employee. In this same time he hired a new, Moldavian guy on salary 13k (p/a) lower than my husband is. He is doing exactly this same work as my husband.
On Friday my husband went to social welfare to apply for JSB and while being in the office he got a phone call from the employer that from Monday he will work only one day. no notice, nothing. He highlighted the situation to officer in SW and he was advised to contact citizen info/NERA or solicitor if necessary.
This Monday, when he was on his way home from work he received a phone call from employer, and this is a quote: "YOU ARE FREE TO GO". hubby asked how he supposed to understand it, and response was the same - "you are free to go".
We contacted Solicitor and he said that nobody won't take the case as there is no huge money involved and to be honest we do not want to go to the court, however solicitor, as well as NERA said that employer is trying to force my husband to leave voluntary so he do not need to pay redundancy (it will be about €3k no more if not less).
as per NERA advise we sent an email where my husband asked if he can be made redundant at this stage and he has no issues with that. otherwise he is asking to be placed back 3 days a week as per his notice from August.
We have received response today saying that my husband asked to be moved to one day, that he was saying that he is planning to leave so he hired a new person and now he cannot afford paying 2 salaries and if he want to leave he can leave. no answer about redundancy.
My husband asked for proof that he asked to be moved 1 day and that he wants to leave and also pointed that he moved him to 2 days in other employer presence and he can confirm that if necessary.
So we responded back asking once again to be moved to 3 days or consider redundancy.
Response came: I can offer you a contract position.
Which we cannot agree after consulting it with 3rd body. We assume that this is another way of avoiding redundancy payment - so my husband offered again that he can move to contract but he needs to sign his redundancy first. And we offer that 3k remaining balance on the car loan can be withdrawn as redundancy agreement. Still no response.
We really do not know what to do. NERA representative we are contacting said that we can make a formal complain - but this will take long time to resolve. We can go to labour court which take even longer. Solicitor won't take the case as it's only 3k involved...
And now it becomes clear that for the last 6 months employer is trying to force my husband to leave voluntary, he hired cheaper replacement as he cannot afford to run a proper business any more.
I know it looks messy but it is causing loads of stress, and more arguments at home which we both cannot stand anymore. second of all company account is null since 1.10.2015 when sept salaries were paid and my husband is afraid that he won't get his wages on time again or will be accused of "causing costs" so that's why salary is not paid...
Any advise on what to do is much appreciated. is it worth to file a complain with NERA? we are simply cannot afford solicitors fees...
It is very small company (owner, my husband, admin) is not doing well for the quite a long time, as owner is not willing to make any investments, selling products/services which company is not able to fully support etc.
my husband started as an tech admin in 2013 full time (on 24k). 6 months later tech manager left and my husband was promoted to his position. nobody was hired to fill admin position so my husband was doing both. and problems started. As my hubby is not fully qualified and did know only some of the systems company was working with, but he was told "no worries training will be provided" - which never happened. Instead of that employer started complaining that job is not completed or my husband is not able to finish something due to lack of experience (sic!), that it is taking to much time to get from one customer to another - my husband didn't have a company car so was going every where walking, bus or Luas.
He was sending some time at home after hours studying on his own and trying to figure out the issues. The pressure was high. His employer was helping with minor projects.
In August 2014 my husband felt ill on the way to client. He collapsed on the street and was taken to hospital by ambulance to ER and kept at Cardio dep for 2 days. His employer seems not to bother and rang to ask when my husband is planning to get back to work... He was not paid for the time on sick leave which took only a week - as per doc advise I insisted for longer brake, but he was already getting work related calls - simply my husband was afraid that he will loose his job. His med chart says that his cardio problem is caused by workload and stress.. his employer never asked for the medical report, issue was not reported anywhere.
When my husband came back to work asked if company can purchase a car - he received a city bike card in response. when my hubby asked if he is serious - employer turned it into a joke.
Company was not doing well so he was moved PT - no notice, nothing, just conversation saying: from next week you work 3 days. My husband asked for the contract amendment - never received. 2 months later, company got few new clients on board, there was a money flow, my husband got back full time, there was admin hired. everyone seems to be fine.
My husband asked for the company loan so we can buy a car. they agreed with the employer that we will pay it back within 2 years and when balance is cleared the name in the log book will be changed into my husband name. All was agreed via email. We were paying back every month agreed amount and every time we sent email with confirmation. It becomes messy when employer got a fuel card for this car - which my husband was using, and returning costs of any personal travels - which his employer agreed with and signed via expenses sheet every month.
then problems started again. 2 big clients left, there was no money flow. He was late with payment of wages, he was paying after pay day, or in installments - of course with no notice. in the mean time he was making personal withdraws for holidays or bills, while he was saying that there is no funds to pay salaries.
every month for the past 4 months my husband is getting a call on the pay day that his salary won't be paid as he owes company money, he caused loads of costs and he needs to repay them. we sent information from Wages Act saying that he cannot do that without notice, and advised that we contacted NERA - money were on the account straight away. However since then he started complaining that my husband is:
1. wasting time while in the car in traffic as he can make calls to customers or check emails
is not filling in the dairy or not responding to clients emails sent on weekends or after office hours.
2. that he cannot fix systems which he is not trained in - and employer sold them to clients knowing that - and company is loosing customers as he should learn and educate hims self if needed.
3. he was asked for copies of the phone bills for the last 2 years and accused of "stealing" company money by making personal calls (even when employer was signing off bills every month for payment). however my husband proves that personal costs were around €90 and offered to return them back - which employer accepted.
4. he was asked for copies of fuel card bills being accused of not repaying all private travels (even when employer was signing off bills every month for payment) - this was not yet resolved as my husband asked him to review fuel expense he was presenting every month.
Due to stress and all the situation my husband started looking for a new job and asked in August to be moved to 4 days a week and from October 3 days a week "due to personal reasons". He offered that if replacement will be found he will provide with the training and will come to work extra days if necessary. He asked that in writing, giving one month notice, which his boss verbally approved.
Again in August he got a phone call that his salary won't be paid as he caused costs to company. We asked what costs, but employer response was: "you have to prove me what costs". we send and email again with employment rights regulations and that we are in touch with NERA, and... salary was transferred an hour later.
in second week of September my husband was told on Monday that from the next Monday he will work 2 days a week this same as other employee. In this same time he hired a new, Moldavian guy on salary 13k (p/a) lower than my husband is. He is doing exactly this same work as my husband.
On Friday my husband went to social welfare to apply for JSB and while being in the office he got a phone call from the employer that from Monday he will work only one day. no notice, nothing. He highlighted the situation to officer in SW and he was advised to contact citizen info/NERA or solicitor if necessary.
This Monday, when he was on his way home from work he received a phone call from employer, and this is a quote: "YOU ARE FREE TO GO". hubby asked how he supposed to understand it, and response was the same - "you are free to go".
We contacted Solicitor and he said that nobody won't take the case as there is no huge money involved and to be honest we do not want to go to the court, however solicitor, as well as NERA said that employer is trying to force my husband to leave voluntary so he do not need to pay redundancy (it will be about €3k no more if not less).
as per NERA advise we sent an email where my husband asked if he can be made redundant at this stage and he has no issues with that. otherwise he is asking to be placed back 3 days a week as per his notice from August.
We have received response today saying that my husband asked to be moved to one day, that he was saying that he is planning to leave so he hired a new person and now he cannot afford paying 2 salaries and if he want to leave he can leave. no answer about redundancy.
My husband asked for proof that he asked to be moved 1 day and that he wants to leave and also pointed that he moved him to 2 days in other employer presence and he can confirm that if necessary.
So we responded back asking once again to be moved to 3 days or consider redundancy.
Response came: I can offer you a contract position.
Which we cannot agree after consulting it with 3rd body. We assume that this is another way of avoiding redundancy payment - so my husband offered again that he can move to contract but he needs to sign his redundancy first. And we offer that 3k remaining balance on the car loan can be withdrawn as redundancy agreement. Still no response.
We really do not know what to do. NERA representative we are contacting said that we can make a formal complain - but this will take long time to resolve. We can go to labour court which take even longer. Solicitor won't take the case as it's only 3k involved...
And now it becomes clear that for the last 6 months employer is trying to force my husband to leave voluntary, he hired cheaper replacement as he cannot afford to run a proper business any more.
I know it looks messy but it is causing loads of stress, and more arguments at home which we both cannot stand anymore. second of all company account is null since 1.10.2015 when sept salaries were paid and my husband is afraid that he won't get his wages on time again or will be accused of "causing costs" so that's why salary is not paid...
Any advise on what to do is much appreciated. is it worth to file a complain with NERA? we are simply cannot afford solicitors fees...