Husband being shafted - where does he stand

M

mayfield05

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Hubby has been working in this company for over 3 years. He was employed in a particular role, had outstanding success (as per review). His boss was paid to leave and hubby was seconded to his role. (senior level mgt position) Outstanding achievements in this role as per next review which was a few months ago and has just heard that another person is coming in to do his new job and the first job he was brought in to do. New person has no experience in this area (which he said himself) which is quite specialised. Hubby has lost all mgt responsibilty (didn't even get his fpre-secondment job back) and is in a back office admin job. Noone reporting to him etc. His boss won't give him a straight answer as to why he wasn't even allowed interview for a job he was successfully doing (it wasn't advertised). My take on it is that this company is in cost cutting mode and has announced a small number of redundancies but internally is shafting individuals like this so they would leave. This way they don't pay redundancies and don't go to market with a higher figure of people being let go. He's insisting on a formal review with his boss. I want him to go to the CEO and chairman. His performance has been exceptional. He is devastated.
 
Your hubby should contact NERA to get their take on this situation [broken link removed]

My take is that if he takes a case and has the bottle and cash to follow it through he would most likely win. I have a friend who was similiarly treated last year and eventually agreed a huge settlement in one of the rooms at the high court. He had to risk all to get it though.

No harm for him to try and get copies of any relevant paper work - reviews job success stats etc if it is possible.
 
I don't doubt your husband is doing an excellent job but if cuts have to be made then companies are going to do it. CEO and chairman probably made the decision on the cuts. Is it better to have a job and salary and be quite or make a fuss and get redundancy. Don't forget we are in tough times.
 
Mayfield05

Realistically there are three avenues open to your husband:

1: Seek to make a formal grievance within the process using the Company's own grievance procedure. If there is no such procedure, or the procedure is not being adequately followed, he could refer the matter to a Rights Commissioner / Labour Court under section 20 of the Industrial Relations Acts as a "trade dispute". The benefit of this approach is that it is very cost-effective

However, this process is only of real use if the company is unionised, or a trade union is sniffing around for recognition. The reason for this is that any recommendation made by a rights Commissioner / Labour Court is not binding on the employer. It can only really be implemented on foot of a threat of industrial action.

2: Resign for his employment citing "constructive dismissal" - i.e. the actions of the company left him with no option but to leave. The appropriate forum in this regard is the Employment Appeals Tribunal under the Unfair Dismissals Acts. From the limited evidence presented, there does appear to be a possible basis for such a claim.

The Unfair Dismissals route is relatively cost-effective in that you do not need a lawyer. However, I would suggest that it might be a little foolhardy to go without. Then again, I am a lawyer so I may be biased!

The major downside to this approach is that, obviously, there is no guarantee of success and it involves your husband terminating his employment. There may be a period of unemployment to consider. If yo uare successful, your husband will not get his job back as it is clearly a case of trust and confidence having broken down . As such ,your husband will receive compensation for any financial loss incurred by leaving his job. This does not include any compensation for distress, bad treatment etc.

3: The third approach is the most risky - albeit with the highest possible reward. Your husband could bring a civil action before the courts, based on breach of contract and possibly stress. If it is the case that your husband is being side-lined, he could seek an injunction to restrain his removal for his current post - pending resolution of his action regarding breach of contract.

The obvious downside to this approach is cost. The costs of bringing such an action are astronomical. However, so too are the costs of defending such an action. This may bring about a settlement scenario where his employers do not wish to run a case they may possibly lose (with the cost consequences that may result in terms of paying your costs). The potential settlement amount may be very significant.

Thus, this creates a high risk/reward ratio. I would suggest that you secure adequate and detailed legal advice and then think long and hard about your next step as a family.
 
You need to develop a logical perspective about this.
He is your husband, and you may be biased about his level of performance.

I've no doubt he was very good and competent at his manager role, but logically speaking, would the management have removed him from his new job if he was performing brilliantly ? Maybe the management thought that on reflection, he wasnt suited to it.

It's just something for you to think about.

I've no doubt that injustices happen all the time in companies, and your husband may rightfully have a big grievience, and explore his legal options.

Somebody at his company thought an inexperienced person would do a better job than your husband, you need to ponder why they thought this before you take action.

Think logically about it before you act, and try to see it from his companies point of view too.
 
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