Demotion & Pay Decrease

[John_Doe]

Hi,

I can't find exact details for disciplinary pay decreases so I'm hoping someone here can point me in the right direction. NERA and CitizensInformation pointed me at legislation which just confused me more as it's not very specific so I'll explain my case here...

I was 'provisionaly' (the word was only used by word of mouth) promoted in March with a pay increase with no additional work as I was already doing the work involved with the promotion. The promotion letter doesn't mention the word provisional - it simply says promoted.

Two months ago I had a very bad break-up with my partner and went through a very bad phase, I was absent a couple of times but always certified by a doctor. During these two months we had three Time & Attendance meetings which weren't great but which weren't terrible either. My work quality did decrease slightly but not to the point where it was unmanagable.

So today I had a further meeting after being on certified sick leave all of last week and they informed me they were suspending my promotion AND the pay increase that came with it for a period of 2 months. My wages are due the 20th of this month (Aug) and they basically informed me today it will be down by €400 which I had counted on.

Is this legal? Do I have any ground to stand on? I always thought in Ireland that they could demote you but couldn't reduce your salary. I have a contract which has no mention of wage decreases for disciplinary action.

I have no problem with the disciplinary action but the wage decrease is going to hit me hard for these two months.

Any help would be very appreciated.

Thanks,

JD

 

[Sunny]

It sounds like you have a good case as they don't have the right to simply deduct money or cut your pay without your consent.

My advice is to try talking to your employer sensibly before using legal threats and see if you can't reach some sort of agreement.

 

[John_Doe]

But how do I approach it? The money situation is the only killer >.<

 

[Pope John 11]

My advice is to try talking to your employer sensibly before using legal threats and see if you can't reach some sort of agreement.

Good one

 

[Neg Covenant]

I would be careful. It is legitimate for an employer to dismiss an employee if the employee is not fit to do his job. This applies even if the employee is unable to do the job due to certified illness. It is unfortunate but the employer is not responsible for the employees problems, however difficult they my be.

Therefore, you may win the battle (on demotion) but lose the war (by being dismissed without compensation).

Your employer cannot reduce your pay retrospectively, which it sounds like your employer has done. However, you may not be entitled to pay while on sick leave. You should check the company policy on that if there is one.