On lower wages than I should have been for 5 years...

B

Buckethead

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I should have been on 50 euros a week more for all them years, the company only recently increased my wage to the correct amount.

My union only copped on that I was underpaid all that time, as well as the company.

The company refuse to give more than 6 months backpay...

I'd appreciate some feedback here, thanks.
 
The union are involved, that's how I got the recent increase, they've had talks with management, who like I've said, will not budge on 6 months maximum backpay.

The union pretty much think the only option is to go to the Labour Court, which will take 12-18 months to sort out.

And they didn't seem that confident to me that I'd win.
They said there's every chance they'll side with the company.

I'm not happy with the union at all, should they not have made sure I was on the correct rate all these years?

Is that not the least you'd expect after paying your fees?

Or am I being unreasonable?

I'm astounded this isn't an open and shut case.
 
The Union is unlikely to be aware of what you earn as they have no access to payroll related info for individual employees.

If the Union publish rates of pay surely you could have ascertained your salary from the info given ?

I agree that in the circumstances your best option is the Labour Court or a rights commissioner - even if you fail in your claim it's not going to cost you anything & who knows your firm may improve their offer if faced with an escalation of your claim.
 
Deiseblue said:
The Union is unlikely to be aware of what you earn as they have no access to payroll related info for individual employees.
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Fair enough. The Union surely, at least, told the company to make sure that all members were on the correct rate though, no?

Which would surely mean that I'm entitled to 100% of the backpay, no?

If the Union didn't do this and assumed the company would pay the correct rates, despite the possibility of them getting away with ever paying it back, in full, due to some some technicality....surely the Union have a lot to answer for?

I don't think I'm being biased when I say this is either 100% the company's fault or both the company's and the unions fault.


Deiseblue said:
If the Union publish rates of pay surely you could have ascertained your salary from the info given ?
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I never seen the rates sheet before. I always assumed my wages were based on the minimum wage, so did everyone else until the rate sheets appeared a short while ago.

When I joined the union I was never told to make sure I was on that rate or anything...
 
Let's reflect on this - the Union have no access to your payroll information nor did you notice until recently that you were being underpaid & as such didn't make the Union aware of the shortfall.

The problem therefore lies solely with your employer & as such I reiterate that your best option is to pursue the matter further along the lines suggested by me.
 
Cheers for the replies.

Would you have any idea what the outcome would most likely be after the Labour Court deals with the matter?
 
This happened to me. Underpaid for five years.

The Union asked for my money; the company pleaded inability to pay; we booked an hearing with the Labour Court. The company offered 50% of the owed monies. I wanted to fight on but the Union and the other person wanted to settle so I did.

Apparently the Laborour Court never gives a total victory - they always smudge it.

The other options I suppose are the Small Claims Court or a court case [I doubt the Union will fund this[ which could be costly.
 
Again, cheers for the feedback.

Now then, if you were in my shoes, and say you had a few bob, would you stick with the Labour Court or go with an out and out court case?
 
Buckethead said:
Again, cheers for the feedback.

Now then, if you were in my shoes, and say you had a few bob, would you stick with the Labour Court or go with an out and out court case?
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Presumably after tax etc. you would get about €6,500 so IMHO it would end up costing you money.

Have you tried contact [broken link removed] to see what advice they can give you.
 
Rights Commissioner or Labour Court hearing will cost you nothing, worth you while to bring your case there, you can't be any worse off and there's a good chance your employer will settle with you before it comes up.
 
Sue Ellen said:
Presumably after tax etc. you would get about €6,500 so IMHO it would end up costing you money.
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How about if there was 7 other people from my job with the same issue?

Would it be worth it for everybody to chip in and get a solicitor to represent all of us?
 
If I was you I would take a very long hard look at the relationship between the Union and the company. If the union officials have been in that role for years, chances are they are very close to management and both parties would be happy with a quick settlement. But what's in their interests isn't necessarily in yours. I personally know if two instances where a union official urged the individuals to settle - both totally separate cases involved constructive dismissal. One went to a solicitor and began the process of going to the Employment Appeals Tribunal. He was warned he might not win it but in the end the company settled and trebled what they were originally going to give him. In the other case the individual also got legal representation and got around €50,000. Without ditching the union and going the legal route there was no way either person would have gotten the payout they did. I'm not saying the officials who represent you are the same - but you need to consider all angles.

Perhaps the Free Legal Advice Centre might be able to give you a steer?
 
The Union are just now saying that, legally, the maximum the company is obliged to pay out is 12 months backpay, and are recommending we take it.

Is there anything that can be done about that?

Is suing the Union an option?
 
Ultimately, and sorry to be so blunt here, but this is your own fault for not spotting the underpayment, it is not the unions job to check every members pay slip to make sure they are being paid correctly. You're wasteing you time thinking you have a legal case against the union, you don't. You have to take responsibility for things yourself
 
Mpsox said:
Ultimately, and sorry to be so blunt here, but this is your own fault for not spotting the underpayment, it is not the unions job to check every members pay slip to make sure they are being paid correctly.
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I don't expect them to check my wageslip every week.

The least I'd expect is for them to simply inform me what my rate should be, or tell the company to make sure I'm on that rate.

They didn't do this.
 
€50 a week for 5 years. That’s €13’000. That’s a lot of money in anyone’s world. It’s bad form that your employer won’t pay you what they should have given you. Have you asked them if they will repay you over 12 months?
 
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