change of terms of employment

O

Optimistic

Registered User
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Hi,
Please bear with me in this post. I have searched previous postings and cannot find what I need. Thanks in advance for any help/advice given.
I work for a limited company in emergency health care provision. We have been working for the same company since it's inception six years ago. No contracts were issued to us at any time and we have been doing our daily work since then with no questions asked.

New terms of employment were imposed late last year, involving taking on secretarial duties. Some of the bases did not not agree to this, but over time most employees were forced to adopt the first of the new terms, ie. no mileage now being paid, new duties (at the expense of secretaries), and now a proposed cut in hours.

Can a company legally do this? If I continue to refuse to co-operate, can I be dismissed from my position? I cannot afford to loose the job as I don't have any qualifications for other work and am desperately worried, especially considering that one of my colleagues received a letter today, stating that he will be dismissed if he continues to not co-operate. We have referred the case to the rights commissioner, but it will be another two months before the hearing. How much authority does a R.C have? Should I get a solicitor involved, or is a union sufficient?

Thanks once again for any advice given. optimistic
 
Optimistic said:
No contracts were issued to us at any time and we have been doing our daily work since then with no questions asked.
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If you look at www.citizensinformation.ie, www.nera.ie and www.entemp.ie you will see that this does not mean that no contract existed and the terms & conditions may be identified through common practice etc.
Some of the bases did not not agree to this
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Sorry - I don't really understand the use of the term "bases" here. Perhaps you can explain?
but over time most employees were forced to adopt the first of the new terms, ie. no mileage now being paid, new duties (at the expense of secretaries), and now a proposed cut in hours.
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Forced in what way exactly?
Can a company legally do this? If I continue to refuse to co-operate, can I be dismissed from my position?
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The terms and conditions of a contract of employment cannot be varied unilaterally by either party - but when they are not written down in the first place they may be difficult to determine clearly.

Why are you baulking at the new terms only now - more than 6 months on?
I cannot afford to loose the job as I don't have any qualifications for other work and am desperately worried, especially considering that one of my colleagues received a letter today, stating that he will be dismissed if he continues to not co-operate.
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You and your colleague should give NERA (www.employmentrights.ie) a shout to check in your statutory rights here if necessary.
 
The same is more or less happening where I am working. We never had contracts, now all of a sudden, contracts have been drawn up, changing work hours and holiday times. It has also been suggested that there may be 10% pay cuts, I don't think they can do this, can they? Would signing the contract protect my salary or just result in my pay being cut AND having to work weekends?
 
If an employment dispute goes before any formal Tribunal, Rights Commissioner etc. certainly an employment contract will be given the respect it is due. However in the absence of a contract the Tribunal, Labour Court etc will examine Custom and Practice in the workplace over the years. There are so many pieces of legislation governing pay rates, working hours which are there for everyones benefit I cannot understand why employees are so ignorant about their employee rights.
 
I wouldn't say I am ignorant to my rights, and have done alot of research since this situation has arisen. I suppose that I just needed someone to confirm it for me. Thanks for your help, I'll be calling a meeting with my boss as soon as possible to discuss these points.
 
TBH, considering the direction the economy is going, I would think long and hard before possibly jepordising your job.

I would try to discuss the changes with your employer and try to meet somewhere in the middle.
 
Flax said:
TBH, considering the direction the economy is going, I would think long and hard before possibly jepordising your job.

I would try to discuss the changes with your employer and try to meet somewhere in the middle.
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If this approach is taken, maybe a short term solution that could be re evaluated if climate improved.

This could be used as a opportuinity to make changes,using current climate as excuse.
 
I have just had a meeting with my boss, and we have come to a mutual understanding. The sections of the contract which I didn't agree with have been changed, and all without any argument!! Now all I can hope for is that the economy improves!! Thanks for all the replies.
 
you can take a claim under terms of employment act. they do not apper to have implemented changes legally. u can not be penalised for taking a claim
 
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