What can a company do to you after a complaint to the rights commissioner

C

Champ10ns

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Hi Everyone

Thanks for looking at my post.

I have been working for a company for 15 months and I have yet to receive a terms of employment statement. I have asked for 1 numerous times but still no sign of 1. Now I am going to make a complaint to the rights commissioner. I am wondering if the company can do anything to me after the complaint procedure?? eg sack me, saying something like there is not enough work at the moment. I am worried about this as I cannot afford to lose my job, especially after they cut my hours to 4 days a week last month.

Any advice or stories about this would be much appreciated.

Thanks in advance.
 
Not sure what would happen exactly. Why do you want to make a formal complaint though? Is it the fact that they haven't made the terms available yet, or something else too?

I would suggest that if something else is the problem, you make that the subject of a complaint. Then the lack of a contract indicates that the company is not following procedure. But I would question the wisdom of making a complaint n the grounds of the lack of contract alone. Even if you don't lose your job (which in theory should not be the case but in practice an employer can find a way of making your position redundant) , do you want the bad feeling and the aggravation?

If you can't afford to lose your job, keeping doing the best job you can while looking for a better one and possibly doing some additional training too. That is a productive use of your time as it is furthering your career. Making a formal complaint is a last resort and is not productive use of your time unless things are really really bad.
 
If you have a formal internal grievance procedure in place, use this first. If the Company does not act on it, then proceed with a complaint to a Rights Commissioner. The Company should not in anyway treat you any differently, would you drop the claim if they gave you a copy of your terms and conditions?

www.hr-sos.ie
 
You can't be penalised for bringing a complaint. It is a statutory right of the employee. Not much comfort as an employer may still penalise, but it only opens them up for further and more expensive action.
 
Be realitic - why are you so bothered about terms of your employment - most of the important terms of employment are enshrined in law, a letter from your employer (or lack of it ) setting out the terns cannot take away from that.
If you are happy in your job then get on with it, you say you cannot afford to lose it but you are setting your stall out to do just that.
If I was your employer I would see you as a potential trouble maker in the long run and get you off the payroll before you have 2 yrs service - it may sound severe but this is the reality.
 
The law also states that you should have a copy of your terms of employment within two months of your start date. Why is the employer not prepared to give this basic entitlement

What do you mean by "If I was your employer I would see you as a potential trouble maker in the long run and get you off the payroll before you have 2 yrs service - it may sound severe but this is the reality." What has two years got to do with anything.
 
Calebs Dad said:
The law also states that you should have a copy of your terms of employment within two months of your start date. Why is the employer not prepared to give this basic entitlement

What do you mean by "If I was your employer I would see you as a potential trouble maker in the long run and get you off the payroll before you have 2 yrs service - it may sound severe but this is the reality." What has two years got to do with anything.
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I think that is when the protection against unfair disimissal righst etc kick in ??
 
JoeRoberts said:
If I was your employer I would see you as a potential trouble maker in the long run and get you off the payroll before you have 2 yrs service - it may sound severe but this is the reality.
Click to expand...

Not the reality , one year is ...
 
mtk said:
thanks that's good to know!
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Are you maybe thinking of permanency of employment (and whatever exactly that entails) ?

E.g. after 2 years, among other things, you are entitled to statutory redundancy if let go.
 
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