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Boss is not paying what is written in my contract!

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2

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    #32
    Noodles5
    Closed Accounts Posts: 84 ✭✭Noodles5


    eejoynt wrote: »
    dont get mad get even
    send a copy of the recommendation to the

    Office of the Director of Corporate Enforcement mentioning previous companies

    and the
    Special Enquiries Branch of the Revenue Commissioners at the headquarter address

    The recommendation doesn't say anything about his previous companies although they are on the c.r.o online.. Which I can print off! :)
    what would I have to do... Just send a letter or...?


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    #33
    InReality
    Registered Users Posts: 1,374 ✭✭✭InReality


    op - fair play for doing all this. yer man might treat people better in the future !


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    #34
    Noodles5
    Closed Accounts Posts: 84 ✭✭Noodles5


    InReality wrote: »
    op - fair play for doing all this. yer man might treat people better in the future !

    Thanks! :)

    To be honest I don't think he will change, the other people that work for him just keep their mouths closed....
    There was no way I was letting him away with talking to me or treat me like that!! :)
    I'm pretty sure he thought I would have given up by now!


  • Options
    #35
    spinandscribble
    Registered Users Posts: 3,000 ✭✭✭spinandscribble


    its great to see someone chasing someone like this. People like your boss rely on others to be too tired/weak/nervous to stand their ground.


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    #36
    Mervin J Minky
    Registered Users Posts: 105 ✭✭Mervin J Minky


    PM sent!


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    #37
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    Noodles5 wrote: »
    So my ex boss will receive an execution order and my affidavit hopefully on Tuesday morning!!

    Your boss will not receive an execution order on Tuesday morning!. the case will have to be listed before a judge and your boss will be entitled to put in a replying affidavit. The order has to be made by a judge in open court. After that it is signed.


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    #38
    Noodles5
    Closed Accounts Posts: 84 ✭✭Noodles5


    Jo King wrote: »
    Your boss will not receive an execution order on Tuesday morning!. the case will have to be listed before a judge and your boss will be entitled to put in a replying affidavit. The order has to be made by a judge in open court. After that it is signed.


    I rang them today they said there was a back log in sending out execution orders so it will be sent in the next two weeks.

    Because its a payment of wages claim it doesnt have to be made by a judge in open court. It was signed the day I handed it in. Any other type of claim has to be made in an open court just not the payment of wages!


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    #39
    Mervin J Minky
    Registered Users Posts: 105 ✭✭Mervin J Minky


    Jo King wrote: »
    Your boss will not receive an execution order on Tuesday morning!. the case will have to be listed before a judge and your boss will be entitled to put in a replying affidavit. The order has to be made by a judge in open court. After that it is signed.

    That's completely untrue. Under the Payment of Wages act you can proceed to get Judgement in the Circuit Civil Court Office without an application to the court.


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    #40
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    Section 8 of Payment of wages Act. No mention of Circuit Court office.

    8.—(1) A decision of a rights commissioner, or a determination of the Tribunal, made in proceedings under this Act may be enforced as if it were an order of the Circuit Court made in civil proceedings by the judge of the Circuit Court for the place wherein the person in whose favour the decision or determination was made ordinarily resides.


    ( 2 ) ( a ) A decision of a rights commissioner, and a determination of the Tribunal, in proceedings under this Act may provide that the decision or determination shall be carried out before a specified date.


    ( b ) Where a decision of a rights commissioner or a determination of the Tribunal does not so provide, it shall be deemed, for the purposes of this section, to provide that it shall be carried out within 6 weeks from the date on which it is communicated to the parties concerned.

    Circuit Court Rules. Order 64B

    http://www.courts.ie/rules.nsf/6cc6644045a5c09a80256db700399505/42e61d44803cd9618025768e005a5706?OpenDocument


  • Options
    #41
    Noodles5
    Closed Accounts Posts: 84 ✭✭Noodles5


    Jo King wrote: »
    Section 8 of Payment of wages Act. No mention of Circuit Court office.

    8.—(1) A decision of a rights commissioner, or a determination of the Tribunal, made in proceedings under this Act may be enforced as if it were an order of the Circuit Court made in civil proceedings by the judge of the Circuit Court for the place wherein the person in whose favour the decision or determination was made ordinarily resides.


    ( 2 ) ( a ) A decision of a rights commissioner, and a determination of the Tribunal, in proceedings under this Act may provide that the decision or determination shall be carried out before a specified date.


    ( b ) Where a decision of a rights commissioner or a determination of the Tribunal does not so provide, it shall be deemed, for the purposes of this section, to provide that it shall be carried out within 6 weeks from the date on which it is communicated to the parties concerned.

    Circuit Court Rules. Order 64B

    http://www.courts.ie/rules.nsf/6cc6644045a5c09a80256db700399505/42e61d44803cd9618025768e005a5706?OpenDocument



    Yes but I have went through all of that.. recieved the decision from the lrc which took 6 weeks. My ex employer had another 6 weeks to pay which he didnt so as a result you HAVE to go to the circuit court to get the decision enforced, they enforce it by sending out an execution order. Which is what I did 3 weeks ago.


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    #42
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    Noodles5 wrote: »
    Yes but I have went through all of that.. recieved the decision from the lrc which took 6 weeks. My ex employer had another 6 weeks to pay which he didnt so as a result you HAVE to go to the circuit court to get the decision enforced, they enforce it by sending out an execution order. Which is what I did 3 weeks ago.

    Have you read the Circuit Court rules? There has to be an oral hearing when the court considers your affidavit. I have been in the Circuit Court on oral hearings.


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    #43
    Noodles5
    Closed Accounts Posts: 84 ✭✭Noodles5


    Jo King wrote: »
    Have you read the Circuit Court rules? There has to be an oral hearing when the court considers your affidavit. I have been in the Circuit Court on oral hearings.


    Im going by what they told me themselves and that was that for a payment of wages claim there does not have to be a hearing. Payment of wages enforcement is treated differently.


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    #44
    Mervin J Minky
    Registered Users Posts: 105 ✭✭Mervin J Minky


    Jo King wrote: »
    Have you read the Circuit Court rules? There has to be an oral hearing when the court considers your affidavit. I have been in the Circuit Court on oral hearings.

    An oral hearing for what??? A Rights Commissioner has already heard the case and reached a decision so the next step is to get the Rights Commissioners decision enforced through the Circuit Court Office. Like I said already in my last post, it doesn't even have to go to court because the Circuit Court Office has the authority to receive an Affidavit, then endorse and submit an execution order without the need for the actual Circuit Court (ie: a judge) to get involved at all.


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    #45
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    Mervin J Minky wrote: »
    An oral hearing for what??? A Rights Commissioner has already heard the case and reached a decision so the next step is to get the Rights Commissioners decision enforced through the Circuit Court Office. Like I said already in my last post, it doesn't even have to go to court because the Circuit Court Office has the authority to receive an Affidavit, then endorse and submit an execution order without the need for the actual Circuit Court (ie: a judge) to get involved at all.

    You also said this was provided for in the Payment of Wages Act. Where?
    Considering an affidavit is a judicial act. A civil servant cannot do it. The o/p will find this out shortly.


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    #46
    Mervin J Minky
    Registered Users Posts: 105 ✭✭Mervin J Minky


    Hey, any more updates on this situation? I've been waiting 2 weeks now and have heard nothing so far.


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    #47
    Noodles5
    Closed Accounts Posts: 84 ✭✭Noodles5


    Hey Mervin J Minky,
    im actually on hols for the past week and a half, will be home early next week so fingers crossed there will be something in the post, if not I will be straight onto the circuit court. They told me to call back anyway!! Id say itll be a couple more weeks before you will hear anything though.
    Ill post an update when I get home and am talking to the circuit court and let you know!


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    #48
    Mervin J Minky
    Registered Users Posts: 105 ✭✭Mervin J Minky


    Thanks Noodles5, enjoy the rest of your holiday and hopefully you will have a nice surprise waiting for you when you come back.


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    #49
    Noodles5
    Closed Accounts Posts: 84 ✭✭Noodles5


    Jo King wrote: »
    You also said this was provided for in the Payment of Wages Act. Where?
    Considering an affidavit is a judicial act. A civil servant cannot do it. The o/p will find this out shortly.


    So I rang the Circuit Court today and they told me that I have to ring the Sherriff now to get things sorted out because my execution order has been ignored. I will call them first thing in the morning and update then.


  • Options
    #50
    Noodles5
    Closed Accounts Posts: 84 ✭✭Noodles5


    Noodles5 wrote: »
    So I rang the Circuit Court today and they told me that I have to ring the Sherriff now to get things sorted out because my execution order has been ignored. I will call them first thing in the morning and update then.

    Been given the run around with the Ciruit Court... not finding the people there too helpful!

    Rang the Sherriff... no record of the execution order... they told me to check eith the CC if it was sent out....

    Rang the CC and they told me they were up to 29th July... I went in on the 30th. The guy said it would be done shortly, it would get signed and sent out to the Sherriff within the next week.

    Rang the Sherriff back told them what the CC said and asked what happens next? The woman told me that as soon as they receive it the send a letter to my ex employer giving him 7 days to pay up. If he doesnt pay up then the assigned Sherriff calls out to the business... :cool:

    She told me I could ring anytime to check the status of it or if I wanted to talk to the actual Sherriff myself. She was very helpful I must say!

    It will take roughly 3 more weeks and should be all sorted then.... its taken a while but ill get there!!!! :D


  • Options
    #51
    dirtyghettokid
    Registered Users Posts: 2,988 ✭✭✭dirtyghettokid


    I can't believe it's even gone this far! Back ten years ago, I had a very similar situation. I too, went through the LRC & he did not show up on the day. Of course, they found he was guilty and was ordered to pay up. Luckily for me he did before the deadline! I can't believe you have not got this sorted out yet. Fair play for keeping the fight moving though! Don't let these creeps win!


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    #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 :)


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    #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????!!!!


  • Options
    #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 :(


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    #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!!!


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    #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.


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


    PM sent, please read it!


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    #58
    Noodles5
    Closed Accounts Posts: 84 ✭✭Noodles5


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


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    #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.


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    #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.


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