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Boss is not paying what is written in my contract!

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Comments

  • #52
    Mervin J Minky
    Registered Users Posts: 105 ✭✭Mervin J Minky


    Thanks for the update Noodles5.

    I am shocked at how this whole process is taking so long! The CC told you that the execution order was being ignored yet they didn't even send it? That is bad form! I am three weeks behind you so I probably won't hear anything for a while..........but I hope this situation can be settled before Christmas as I really need the money.

    Best of luck anyway and of course please keep us informed of the outcome :)


  • #53
    Noodles5
    Closed Accounts Posts: 84 ✭✭Noodles5


    BLAH!!

    Getting really fed up of this whole thing now....! But not tired enough to give up!! :)

    Rang the sheriff today to see if they had received the execution order... they hadnt.

    Got back onto the circuit court, was talkin to a guy at the judgement section who told me he was getting it signed today and that they send it back to me.
    I then have to send the execution order to the sheriff and they go to my ex employer.

    I rang the sheriff back and was told I can either send in the execution order or drop it in along with a €19 fee for the sheriff to carry out his service.

    So when I receive the execution order and send it in to the sheriff then it will take about 2 weeks.


    Will this ever be over????!!!!


  • #54
    Mervin J Minky
    Registered Users Posts: 105 ✭✭Mervin J Minky


    Not the best news in the world but you have come too far to give up now so stick with it to the bitter end!

    I called the Circuit Court on Monday and they told me that I will have to wait another two weeks for my execution order to even get processed (so a 7 week wait in total) so I am keeping my fingers crossed that everything gets sorted out before Christmas and I get all of my money or I could be eating beans on toast :o

    I know how you feel though, this really is lot of hassle to go through and it seems like the employer is getting away with not paying us even though Labour Courts & Circuit Courts are involved, I mean what is too stop every employer from not paying people because the system is painfully slow here and I actually haven't seen it work yet to prove that the laws work.

    Btw Noodles5, are you worried that once the last resort has been implemented and the sheriff calls out to your employer, he still might refuses to pay (or files bankruptcy or something like that) and you will be left with nothing? That is my biggest fear and the way this corrupt country works I'm actually half expecting it :(


  • #55
    Noodles5
    Closed Accounts Posts: 84 ✭✭Noodles5


    Mervin J Minky wrote: »
    Btw Noodles5, are you worried that once the last resort has been implemented and the sheriff calls out to your employer, he still might refuses to pay (or files bankruptcy or something like that) and you will be left with nothing? That is my biggest fear and the way this corrupt country works I'm actually half expecting it :(



    Absolutely not, it hasnt even entered my mind, when the sheriff calls out he has already given him 7 days to pay up, if he doesnt pay up he visits your ex employer and then either takes the cash / items from the place of work and sells them at one of those auctions then gives you what is owed and if there is any excess it goes back to your ex employer. (What I wouldnt give to see my ex employers face at that point!!!:p)


    The only problem with the LRC is that the decision isnt binding which is why we had to go to the circuit court. The delay really sucks but it goes to show the amount of complaints out there!! (Either that or everybody is on a go slow!! :rolleyes:)

    Id say you should be sorted in 5-6 weeks then... fingers crossed I only have another 3/4 weeks to wait!!!


  • #56
    Noodles5
    Closed Accounts Posts: 84 ✭✭Noodles5


    So I got my letter from the Ciruit Court today...
    They said "Unfortunately we could not sign the affidavitt because the company could not be found on the CRO website."
    They told me in the letter that I need to do more research into the title of the company, check payslips.

    The companys name is lets say "Extremely company". On the CRO website it says "Extremely dodgey company". But on my payslips it says "Extremely company" and on the decision from the LRC it also says "Extremely company".

    The circuit court cant give me an execution order unless the name on the decision is "Extremely dodgey company" so I have to go back to the LRC, get them to change the name of the company on the decision, go back to the Circuit Court ammend the execution order, re swear on the ammended affidavitt and wait 2 more months until they decide something else is wrong....!!! :(

    Problem now is that on the CRO website "Extremely dodgey company" has been dissolved since Feb.
    I rang the courts, they said they dont know what I have to do now, maybe ring the LRC and see if they can help.

    I have the name of one of his new companys he set up (that does the same job) Same staff, operating out of the same building, but he has some random address down the country registered for the new company.


    Im running out of patience at the moment, no one can help me. Giving up is not an option though. Im not sure what I can do, I will ring the LRC and the sheriff tomorrow but if they dont suggest any options then I dont know whats going to happen.


  • #57
    Mervin J Minky
    Registered Users Posts: 105 ✭✭Mervin J Minky


    PM sent, please read it!


  • #58
    Noodles5
    Closed Accounts Posts: 84 ✭✭Noodles5


    :eek:
    shocked at the pm!! Our courts are a joke!


  • #59
    Mervin J Minky
    Registered Users Posts: 105 ✭✭Mervin J Minky


    I think we are living testament at how the legal system is totally geared towards employers in this country and employees really haven't got a leg to stand on. Why does the Labour Court even exist if they have no power? It's a total joke in my opinion.


  • #60
    Noodles5
    Closed Accounts Posts: 84 ✭✭Noodles5


    Considering the fact that I am unlikely to get the money back from him because the company is dissolved (I will ring the LRC and Sheriff tomorrow and see what they say) I will be contacting the Office of the Director of Corporate Enforcement.

    Should I send my ex boss an email stating that I have given him more than enough time to pay and now I will be contacting the ODCE? (could be a final chance for him to pay) I will be informing the ODCE about the incorrect data on the CRO website and also make them aware of all of his false addresses and companies he has opened and gotten struck off....


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  • #61
    Mervin J Minky
    Registered Users Posts: 105 ✭✭Mervin J Minky


    At this stage contacting the Director of Corporate Enforcement seems to be your best bet. I honestly don't know if they will actually be able to help you but it is definitely worth a shot.


  • #62
    Clauric
    Registered Users, Registered Users 2 Posts: 610 ✭✭✭Clauric


    Noodles, it is terrible to hear what has happened. I suggest that you contact the ODCE and report your ex-boss. You would not be allowed to go after his new companies (Soloman vs A Soloman Ltd., 1897; and Roundabout Ltd vs Beirne). However, I would suggest that you go after your boss directly, if you can prove that he deliberately falsified records, or otherwise broke the law.

    Please let me know how it goes, as I may soon be in the same position.


  • #63
    Noodles5
    Closed Accounts Posts: 84 ✭✭Noodles5


    So I got some free legal advice today the guy told me if I get a "Special Order of the Court" I can go after my ex boss for the money.
    I have several address belonging to him including his home address in the country!!!

    Although it was recommended that I send the email threatening the complaint to the ODCE, may or may not work.

    I may just need to get a solicitor now.... anyone any idea how much they cost??!

    I rang the LRC and the sheriff who are to get back to me about what they think I should do...


    BLAH!!!


  • #64
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    Noodles5 wrote: »
    So I got my letter from the Ciruit Court today...
    They said "Unfortunately we could not sign the affidavitt because the company could not be found on the CRO website."
    They told me in the letter that I need to do more research into the title of the company, check payslips.

    The companys name is lets say "Extremely company". On the CRO website it says "Extremely dodgey company". But on my payslips it says "Extremely company" and on the decision from the LRC it also says "Extremely company".

    The circuit court cant give me an execution order unless the name on the decision is "Extremely dodgey company" so I have to go back to the LRC, get them to change the name of the company on the decision, go back to the Circuit Court ammend the execution order, re swear on the ammended affidavitt and wait 2 more months until they decide something else is wrong....!!! :(

    Problem now is that on the CRO website "Extremely dodgey company" has been dissolved since Feb.
    I rang the courts, they said they dont know what I have to do now, maybe ring the LRC and see if they can help.

    I have the name of one of his new companys he set up (that does the same job) Same staff, operating out of the same building, but he has some random address down the country registered for the new company.


    Im running out of patience at the moment, no one can help me. Giving up is not an option though. Im not sure what I can do, I will ring the LRC and the sheriff tomorrow but if they dont suggest any options then I dont know whats going to happen.

    Is there any business registered as "extremely company"? If there is not you are dealing with an unregistered business name. The circuit court rules make provision for this .


  • #65
    Noodles5
    Closed Accounts Posts: 84 ✭✭Noodles5


    Jo King wrote: »
    Is there any business registered as "extremely company"? If there is not you are dealing with an unregistered business name. The circuit court rules make provision for this .

    No theres not Jo King, what do you mean about them making a provision for it? What would I have to do?


  • #66
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    Your former boss does not have limited liability if he employed you via an unregistered business name. You can get the order of the LRC amended to BOSS's NAME name trading as Extremely company. That can then be enforced directly against the boss.


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  • #67
    Noodles5
    Closed Accounts Posts: 84 ✭✭Noodles5


    Jo King wrote: »
    Your former boss does not have limited liability if he employed you via an unregistered business name. You can get the order of the LRC amended to BOSS's NAME name trading as Extremely company. That can then be enforced directly against the boss.

    Really? (why didnt the guy I talked to from the Citizens Information Centre tell me that??!)
    I'll ring the LRC tomorrow and see what they say!

    Thanks for the info... :)


  • #68
    Noodles5
    Closed Accounts Posts: 84 ✭✭Noodles5


    Is this what you are saying Jo King? I just found it on the courts website....
    I contacted the LRC and they will get back to me in a couple of days!!


    "7. Any person carrying on business within the jurisdiction in a name or style other than his own name which is not registered pursuant to the Registration of Business Names Act, 1963, may be sued in such name or style; and the plaintiff in such cases may apply by Notice of Motion to the Court for an Order directing the person who appears to have control or to be managing such business to furnish the name, description and place of residence of the person who at the time of the accruing of the cause of action was carrying on the business as aforesaid, in such manner and verified upon oath or otherwise as the Court may direct.

    8. In all cases to which Rule 7 of this Order applies service of a Civil Bill or any other document may be effected by service in the manner provided by these Rules on the person carrying on business or on such person who at the time of the service appears to have control or to be managing the said business, at the place where the said business is carried on. Such service shall be deemed to be good service upon the person sued whether or not that person is out of the jurisdiction and no leave to issue the Civil Bill or other document shall be necessary.

    9. In so far as the nature of the case will permit, all rules relating to the proceedings against firms shall apply to all cases to which Rule 7 of this Order applies."


  • #69
    Clauric
    Registered Users, Registered Users 2 Posts: 610 ✭✭✭Clauric


    Any update on this case?


  • #70
    Noodles5
    Closed Accounts Posts: 84 ✭✭Noodles5


    Hi Clauric,

    Yup, I found out the other day my boss appealed the decision by the rights commissioner.

    I will get forms from the employment appeals tribunal in the next month but they reckon the case wont be until June / July next year.

    This is absolutely crazy.

    He obviously appealed it because he doesnt want to pay!


  • #71
    Mervin J Minky
    Registered Users Posts: 105 ✭✭Mervin J Minky


    Hi Noodles5,

    I don't mean to sound condensing but didn't you check with EAT 6 weeks after you received the Rights Commissioners decision? It seems strange that this has only been discovered now, nearly 6 months after the decision had been made, considering that your boss had only a 6 week time frame to appeal. Was it anything to do with the wrong name being on the Rights Commissioners decision?

    Anyway, that is really bad news, I am so sorry to hear about your constant misfortune with this process :( The entire labour relations system here needs an overhaul it seems because there seems to be too may loop holes that cowboy employers can exploit.


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  • #72
    Mervin J Minky
    Registered Users Posts: 105 ✭✭Mervin J Minky


    Sorry to hijack your thread again but I just want to let you know that you are not the only one frustrated at the moment, I heard off an ex work colleague that my former employer is looking to wind up his company pretty soon so I might not get a cent of the money that he owes me.

    Plus to make matters worse, I was told by the Sheriff's office that they have a 3 month waiting list so my Execution Order won't be implemented until February at the very earliest. Plus that is not taking into account my ex-boss ignoring them and them being forced to send a bailiff after him. Btw 3 months to send a bloody letter sounds totally ridiculous to me!

    So pissed off :mad:


  • #73
    Clauric
    Registered Users, Registered Users 2 Posts: 610 ✭✭✭Clauric


    Hey. Just wondering if there is any update from JoKing or Noodles?


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