employment rights

[will.morris]

Me personally, i'd pay the kid. Leaving is something it sounds like he probably didn't want to do from the sounds of his post.

When the chips are down in bad times it seems some types of people enjoy kicking you while you are there:thumbdown:. He did the week, pay the week IMO.

What goes around and all that!

 

If a notice period was given then yes I would agree, but given the circumstances for all we know the employer may have had to get someone in at greater expense, which is a direct result of the person leavings actions.

 

You say you'd pay the kid ... even if it caused you to lose out? For all we know this employer might have had to pay through the roof to complete a job on time just to prevent letting down a customer, possibly only breaking even or even losing money to protect his reputation.

 

Plus it's mentioned that there was no contract, so if it got taken further whats to prove you even worked for him in the first place, he could just deny it completely. Not meaning to sound harsh but its only a weeks work, take any good from it and put it behind you bud

[HCR]

There was a contract though. Contracts are defined by people's actions, not by bits of paper. Four elements need to exist:

 

Offer (presumably there was an offer of employment)

Acceptance (again, presumably this existsed)

Intention to form legal relations (this goes without saying when you employ someone or work for someone)

Consideration (i.e. money)

 

I don't think the judge would believe the employer if he claimed never to have seen employee!

[skyhuck]

Why not, He earned it, or am i missing something:confused1:. If you had a crisis would you just not bother to collect money owed from jobs you have done. If im reading your post right your customers (in your own opinion) would be right to refuse you payment after a certain ammount of time if you did'nt attempt to collect it due to a crisis

 

I think you are missing the fact that the OP let the employer down, if I started a job for a client and left part way through and failed to complete the work agreed, I would expect no payment.

 

You seem to think the OP had some terrible tragedy, where has he posted this???

 

He stated that "due to family circumstances", we have no idea what those circumstances were.

[will.morris]

There was a contract though. Contracts are defined by people's actions, not by bits of paper. Four elements need to exist:

 

Offer (presumably there was an offer of employment)

Acceptance (again, presumably this existsed)

Intention to form legal relations (this goes without saying when you employ someone or work for someone)

Consideration (i.e. money)

 

I don't think the judge would believe the employer if he claimed never to have seen employee!

 

What makes you think any of this was official/present though? If all of that was word of mouth then how could you prove anything? Without bits of paper its 1 mans word against anothers.

[HCR]

What makes you think any of this was official/present though? If all of that was word of mouth then how could you prove anything? Without bits of paper its 1 mans word against anothers.

 

Just speaking from the experience of my law degree and of the legal system. What does 'official' mean?

 

If it comes down to one person saying he had a job with another and the other denying it, the court would very quickly get to the bottom of it.

[Andy Collins]

I think you are missing the fact that the OP let the employer down, if I started a job for a client and left part way through and failed to complete the work agreed, I would expect no payment.

 

You seem to think the OP had some terrible tragedy, where has he posted this???

 

He stated that "due to family circumstances", we have no idea what those circumstances were.

 

Some would class the family cat dieing as an excuse, another the gerbil or guinea pig, where is the line drawn as an acceptable reason to let someone down.

"due to family circumstances" would qualify IMO for a couple of days off, maybe a long weekend, and the promise of help and support where needed, no need to leave a job, IMO.

[will.morris]

Just speaking from the experience of my law degree and of the legal system. What does 'official' mean?

 

If it comes down to one person saying he had a job with another and the other denying it, the court would very quickly get to the bottom of it.

 

I don't think the 'Trees and the law' section of my ND3 in forestry and arb really provides me with the knowledge to get into a law discussion with someone like yourself The point I was making was based on the possibility that the employment offer COULD all have been word of mouth, much like me working for you on a cash in hand basis following an un-recorded telephone call offering me employment/a wage, with no paperwork to say I worked for you. To me that is not 'official' and provides no way of proving that I did work for you but someone like yourself with knowledge of law could correct me otherwise.

 

But this might not be the case at all, so sorry to the OP for drifting off topic.

[adbat234]

I think you are missing the fact that the OP let the employer down, if I started a job for a client and left part way through and failed to complete the work agreed, I would expect no payment.

 

You seem to think the OP had some terrible tragedy, where has he posted this???

 

He stated that "due to family circumstances", we have no idea what those circumstances were.

 

Exactly my point we have no idea, you seem to be judging the guy due to his "Family circumstances".

Maybe this is this lads way of not putting the full details of a personal issue on an open forum. I for one would not comment on an open forum either questioning someones family circumstances:thumbdown:.

Maybe you would treat an employee of yours differently..........or maybe not. Volumes spoken

[HCR]

Fair enough, but word of mouth is enough for a contract - and many of the cases that form the basis of contract law exist for that very reason. One person says a contract exist and the other (trying to avoid coughing up the dosh) says there is no contract. The court then decides whether or not one exists.

 

Far too long winded, boring and most importantly off-topic for here though

[skyhuck]

Exactly my point we have no idea, you seem to be judging the guy due to his "Family circumstances".

Maybe this is this lads way of not putting the full details of a personal issue on an open forum. I for one would not comment on an open forum either questioning someones family circumstances:thumbdown:.

Maybe you would treat an employee of yours differently..........or maybe not. Volumes spoken

 

I most certainly am not "judging him"!!!!!!!!!!

 

I am giving my opinion, based on the information we were given, YOU are the one who is reading more into the posts than is there.