FREQUENTLY ASKED QUESTIONS

I think I am being made Redundant, what should I do?

Redundancies are common in the new dynamic and changing employment landscape.

If you have been made aware of an upcoming redundancy you need to assess if it is a “genuine redundancy”.  This involves the employer explaining the real reason for making you redundant.

Employers also need to ensure that they have followed the correct collaborative process in arriving at their decision to make you redundant.  Your employment contract may have a set procedure and compensation provisions.  However, there is no requirement to have any minimum compensation.

If you think that the redundancy is not genuine or that your employer is not following the correct procedure, you may have a personal grievance.

The law requires you to file a claim for a personal grievance within 90 days so you need to act quickly to get the best advice.  For access to legislation click here  

 

I have been fired, What are my rights? 

Employers have a duty to act in good faith. This applies to the reason for your dismissal and the process that they follow. If the dismissal is unjustified then you have an opportunity to make a Personal Grievance claim.  This can lead to your reinstatement, and/or financial reimbursement and compensation.

While this is a difficult and stressful time, it is important to get quick and straight forward advice.

The law requires you to file a claim for a personal grievance within 90 days so you need to act quickly to get the best advice. Contact Tim Gunn today for free initial consultation.

 

I have been told to attend a Disciplinary meeting, what should i do?

Disciplinary meetings can raise serious issues for employees.  If there is an allegation of serious misconduct against you this can ultimately lead to you being terminated.  The employer must follow a set procedure and give you advanced notice of any allegations against you.

Given the serious nature of these meetings it can be worthwhile seeking legal help as soon as possible.

 

I HAVE HAD MY INCOME PROTECTION CLAIM DECLINED  

Many income protection insurance companies go to great lengths to avoid paying out claims to clients. Income protection insurance claims can be declined for a number of reasons, some of which can be controversial and based on an incorrect interpretation of the facts. The fallout can be extremely stressful, with the client usually hamstrung financially. Not only has their income ceased, but they may feel as though they have to fight their insurance company to overturn the decision without any income. That’s where we can help.

Insurers like to stack the odds in their favour when it comes to avoiding paying out claims to clients. Exclusions and clauses within policies are typically designed in such a way to limit a client’s ability to claim in the face of unfortunate and entirely sincere circumstances.

What this means is that it can be very wise to seek advice before you submit you claim.

 

I am in a performance management process 

Employers routinely monitor employee performance.  When there is a perceived issue with performance, employers can initiate a performance management process or performance improvement plan (PIP).   Failure to meet the performance plan objectives can lead to termination.

This can be a very stressful process for employees.   It is important to review the rationale and process the employer is following.

If you have been made aware of a performance management process or performance improvement plan, we can help you through this process.

 

I am being bullied in the workplace

Employers sometimes use their position of power to take advantage of employees.  This can be in the form of:

  • Discrimination
  • Sexual Harassment
  • Bullying
  • Racial Harassment
  • Issues relating to sick leave
  • Disadvantage and unfair treatment
  • Underpayment
  • Unfair contract hours

No employee should be subjected to this behaviour. It is very difficult to address these issues directly with the employer who may be the party responsible for the misconduct.  If you are having issues with your employer, we can discreetly help you manage the issue and advice on any personal grievance claim.

Is this service confidential?

All discussions with lawyers are private and confidential.  Any discussions you have with our team will always be protected.  This allows you to be open, honest and transparent so that we can correctly advise you on resolving your claim.  So, there is no threat that your employer or any other person will find out about any discussion we have. Contact Shine Lawyers today.