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liquidation/holdiay pay/redundancy?

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  • 28-08-2011 12:01am
    #1
    laul
    Closed Accounts Posts: 3 ✭


    Hello,
    I'm seeking for advice on my current employment situation.
    On early 2007 i started my full time employment as waitress in hotel. From 09.2008 to 03.2009 i was on paid maternity leave, after that i took addition maternity leave till 10.2010 per agreement with GM of hotel. On return, my employment changed from full time to part time by my agreement.
    At end of May 2011 company changed ownership and previous company was put in COURT ORDER LIQUIDATION process. No staff was informed, there was no notices or verbal warnings. On June I got new Tax Certificate in post which made me aware that there's been changes in company. In July i was planning to go on my holidays, so 2 weeks before leaving, i asked company's accountant how much holiday pay ill get. He informed me, since previous company is in liquidation process and my new starting date in current company is end of May, I'm not entitled to holiday pay for previous period of employment. Up till this day I have no information on my entitlements from any of company's.
    Any advice what to do in this situation?
    Tagged:


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    #2
    amtw
    Registered Users Posts: 274 ✭✭amtw


    I think you are covered by the Transfer of Undertakings legislation whereby the new company takes on the contracts and responsibilities of the old employer including holdiay and redundancy entitlementorts. If the new employer doesn't know this you can report him to NERA inspectorate section. You should contact NERA and they can advise you on your rights. The website www.citizensinformation.ie would also have some useful information.


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    #3
    laul
    Closed Accounts Posts: 3 ✭laul


    amtw wrote: »
    I think you are covered by the Transfer of Undertakings legislation whereby the new company takes on the contracts and responsibilities of the old employer including holdiay and redundancy entitlementorts. If the new employer doesn't know this you can report him to NERA inspectorate section. You should contact NERA and they can advise you on your rights. The website www.citizensinformation.ie would also have some useful information.
    I found this on citizensinformation:

    For a transfer of undertaking to take place:

    There must be a change in the person (either an individual or a company) responsible for running the undertaking/business
    The previous economic activity of the undertaking/business must be carried on by the new employer
    The undertaking/business must be transferred as a "going concern".
    A transfer under the Regulations does not occur in the case of a compulsory liquidation of the undertaking/business.

    That last part is confusing me since the old company was put in liquidation and then there is this about redundancy:

    Redundancy can occur where one of the following things happen:

    Your employer ceases to carry on business or ceases to carry on business in the place where you have been employed. (For example, if the firm moves location, this can be a substantial change in your working conditions and may therefore be a reason for redundancy. However if there is a change of ownership under the transfer of undertaking legislation where employees are re-employed with no change to their working conditions then it is not a redundancy situation.)

    so i have a feeling im somewhere in middle between those two things.


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    #4
    gerrycollins
    Registered Users Posts: 1,799 ✭✭✭gerrycollins


    I was just about to say that in a liquidation process the Transfer of Undertakings legislation does not apply as the transfer company is there at the request of the courts to establish if the company can be sold on to service its debt or be closed down due to non porfitability of the company. If the company is sold later to another company then the transfer legisation does apply to the new company.

    In the second instance you refer to your company did not cease trading/business it was taken over by the courts based on a request by the comapies creditors.

    Any holiday pay you accumulated with the original company will only be transferrable when the company is actually sold. I take it you have no union where you are because if you had they would have spoken on your behalf in this process and informed all staff of their entitlements during this process.


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