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No Redundancy / No Wage being given (Am screwed)

  • 10-06-2015 10:40am
    #1
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭


    I'm finishing up work within the next few days but have had a struggle to get information on my redundancy from my boss, he made me aware of letting me go back in March. He first told me a few weeks back that I wouldn't be getting any redundancy at all (7.5 weeks worth) because there's "no money", but the company isn't bankrupt or insolvent so I can't get it from anywhere else. When he said this he expected me to accept it and just carry on, seriously.

    I cornered him on it and he then changed his tune to "come back in a few months when there will be money". I'll be getting his signature on a letter to confirm that so that he doesn't pull the same stunt a few months later and tell me something like "come back in January" but I have no faith in that.

    Now, I just found out I haven't been paid my 3 weeks wages. On top of rent and bills, I have 2 major personal events in the next few days which he knew about since end of last year but has now completely left me screwed without money.

    I badly need some advice because I don't know what to do now and I'm royally fúcked without my wages.


Comments

  • #2
    Stheno
    Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 51,687 Mod ✭✭✭✭Stheno


    Have you asked him why you haven't been paid?


  • #3
    Youngblood.III
    Site Banned Posts: 777 ✭✭✭Youngblood.III


    You are coming across as a bit naive in believing that he'll pay you redundancy, in few months.... .get into a citizens advice place and get some real advice or even a quick call to a solicitor.


  • #4
    jimmycrackcorm
    Registered Users Posts: 14,329 ✭✭✭✭jimmycrackcorm


    You should be able to claim for statutory redundancy regardless:

    See bit in bold:
    On the date of the termination of employment your employer should pay the redundancy lump sum due to you.

    If your employer has not paid your redundancy lump sum, you should apply to your employer for it using form RP77 (pdf). If your employer still refuses to pay it, you can apply to the Department of Social Protection for direct payment from the Social Insurance Fund. This must be done online using form RP50 as follows:

    If your employer is unable to pay your redundancy lump sum, he should sign the RP50.They should also submit a letter from an accountant or solicitor stating they are unable to pay and accepting liability for 100% of the lump sum (85% for a dismissal in 2012) owing to the Social Insurance Fund. Documentary evidence such as audited accounts should also be included.
    If your employer refuses to pay your redundancy lump sum or if there is a dispute about redundancy you can bring a claim to the Employment Appeals Tribunal. You must use the new online complaint form (available by selecting ‘Make a complaint in relation to employment rights’ on workplacerelations.ie). This must be done within one year of your dismissal. To apply for your lump sum you should send a completed form RP50 together with a favourable decision from the Employment Appeals Tribunal
    Insolvency: If the company has been liquidated or is in receivership, the completed form RP50 should be sent in by the liquidator or receiver on behalf of the employees.

    You can read a list of frequently asked questions about redundancy.

    For further information about the Redundancy Payments Scheme contact Workplace Relations Customer Services. For information on the status of a claim for a redundancy lump sum or rebate which has been submitted for payment you can contact the Redundancy Payments section directly - see 'Where to apply below'.


  • #5
    Lux23
    Registered Users Posts: 7,134 ✭✭✭Lux23


    Are you still there OP? I would down tools and get an immediate appointment with citizens advice and your local social welfare office. This guy doesn't deserve any more of your time.


  • #6
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭LegacyUser


    Youngblood.III wrote: »
    You are coming across as a bit naive in believing that he'll pay you redundancy, in few months.... .get into a citizens advice place and get some real advice or even a quick call to a solicitor.

    I'm under no illusion that he'll cough up in a few months, I don't believe him for a second which is why I'm here looking for advice.

    I went immediately to citizen's information after I was told of being laid off back in April where I was told since the company isn't bankrupt or insolvent the state won't cover it so he'll be expected to pay.

    I had another meeting with a solicitor in the same office a week later who just told me he had to pay it, no 2 ways about it or else in her exact words "just sue the pants off him"

    Tried to get a hold of him but no response.


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  • #7
    Mrs OBumble
    Registered Users Posts: 25,667 ✭✭✭✭Mrs OBumble


    Approach your TD for help. It seems to me you need to bring local relationships to bear, in order to encourage him to pay what you're owed.

    Also - check your tax status with Revenue and stamps-status with Welfare. I would not be surprised to hear he has not been paying them for you either. (I know that's not what you want to hear - but you need to find out just how bad the situation is.)


    Re the life events and money for food / rent etc: Try your Community Welfare Officer. Failing that Vincent de Paul. If the employer is as dodgy as you say, they may have heard of him before ... they may even know someone who can help out with the local relationships encouragement to him - in the nicest possible way, of course.


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