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What happens when an Irish company goes into administration?

  • 07-06-2009 9:50pm
    #1
    ian_m
    Registered Users, Registered Users 2 Posts: 1,322 ✭✭✭


    What happens when an Irish company goes into administration with regard to staff?

    I have found a little bit of information but all seems to be based on UK law.

    Thanks.


Comments

  • #2
    faceman
    Moderators, Category Moderators, Arts Moderators, Entertainment Moderators, Social & Fun Moderators Posts: 16,651 CMod ✭✭✭✭faceman


    ian_m wrote: »
    What happens when an Irish company goes into administration with regard to staff?

    I have found a little bit of information but all seems to be based on UK law.

    Thanks.

    can you be more specific, as we dont have administration as such in Ireland. We have liquidation, receivership and examinership.

    When under protective notice, in a worse case scenarion the goverment can cover staff salaries upto a certain value for a max of 2 months.


  • #3
    lanternman
    Closed Accounts Posts: 29 ✭lanternman


    Administration in the UK is the equivilant of Examinership in Ireland so you and thats why what you are finding relates to the UK.


  • #4
    little-miss
    Closed Accounts Posts: 5 ✭little-miss


    hey hoping i can get something resolved for me here...

    i started a job last october and was told that my first 2 weeks would be given to me whenever i finished (they called it in-lieu) anyway so time went on and i got paid what i thought was normal until the company went into receivership on christmas eve! delightful news! well we all continued working as normal as we could and got paid as normal until our store was bought by another major high street company (in the same line of business) transfer went okay and for the first month my pay was messed up but i got it sorted, eventually by alot of hassling on my behalf! i was working full time all this while and in April I decided to hand in my notice as i had exmas coming up and part time contracts were not available....

    i looked into my pay to figure out how to budget for the next few months when i remembered my two weeks in lieu....i rang the company that bought us and they said iot was up to the previous company to sort pay up to date...the liquidators are now telling me the case is closed!! how do i get my money?? i dont have another job and two weeks wages is alot of money not to have in my eyes!:(

    anybody know if i do have rights to get this pay back? or is there point trying?
    i have every single little bit of documentataion to support me...

    thanks


  • #5
    lanternman
    Closed Accounts Posts: 29 ✭lanternman


    little-miss wrote: »
    hey hoping i can get something resolved for me here...

    i started a job last october and was told that my first 2 weeks would be given to me whenever i finished (they called it in-lieu) anyway so time went on and i got paid what i thought was normal until the company went into receivership on christmas eve! delightful news! well we all continued working as normal as we could and got paid as normal until our store was bought by another major high street company (in the same line of business) transfer went okay and for the first month my pay was messed up but i got it sorted, eventually by alot of hassling on my behalf! i was working full time all this while and in April I decided to hand in my notice as i had exmas coming up and part time contracts were not available....

    i looked into my pay to figure out how to budget for the next few months when i remembered my two weeks in lieu....i rang the company that bought us and they said iot was up to the previous company to sort pay up to date...the liquidators are now telling me the case is closed!! how do i get my money?? i dont have another job and two weeks wages is alot of money not to have in my eyes!:(

    anybody know if i do have rights to get this pay back? or is there point trying?
    i have every single little bit of documentataion to support me...

    thanks

    You are a creditor of the company so you are due the money. Can you confirm if the company was in receivership or liquidation as you refer to both in your post!

    What were you told when the company was bought, did anything change and who paid your wages at the time?

    sorry more questions than answers.


  • #6
    OrangeDaisy
    Registered Users, Registered Users 2 Posts: 243 ✭✭OrangeDaisy


    When the company was taken over...were you give a notice of transfer of undertakings? If so your terms and conditions have not changed and the company taking over owe you that pay as they took on your contract unchanged


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  • #7
    trailerparkboy
    Closed Accounts Posts: 225 ✭✭trailerparkboy


    I dunno what happens?:D:D


  • #8
    little-miss
    Closed Accounts Posts: 5 ✭little-miss


    jeez im terrible at at keeping up with this :/ sorry!

    to lanterman, thanks!:) but im not entirely sure of the difference between recievershipo and liquidation...im in ireland so i think its called recievership but they were english companys?? am i allowed to say the names??

    it was the end of jan 09 / feb that all this happened...we were never told what was happening directly...like we(the staff) figured it out by the way the managers were acting and all the phonecalls coming through..it was only in the last few days of jan that we had an idea we were possibly being bought because we were told there was negotiations and as soon as a phonecall came on the like 4th of feb we were in limbo between the two companys and after that call it was like right get to work as "blah" workers!:( totally messed around!

    oh it was the 'liquidators' that were paying our wage after christmas and then th new company began paying us from the 1st of Feb.:D


  • #9
    faceman
    Moderators, Category Moderators, Arts Moderators, Entertainment Moderators, Social & Fun Moderators Posts: 16,651 CMod ✭✭✭✭faceman


    little-miss wrote: »
    jeez im terrible at at keeping up with this :/ sorry!

    to lanterman, thanks!:) but im not entirely sure of the difference between recievershipo and liquidation...im in ireland so i think its called recievership but they were english companys?? am i allowed to say the names??

    it was the end of jan 09 / feb that all this happened...we were never told what was happening directly...like we(the staff) figured it out by the way the managers were acting and all the phonecalls coming through..it was only in the last few days of jan that we had an idea we were possibly being bought because we were told there was negotiations and as soon as a phonecall came on the like 4th of feb we were in limbo between the two companys and after that call it was like right get to work as "blah" workers!:( totally messed around!

    oh it was the 'liquidators' that were paying our wage after christmas and then th new company began paying us from the 1st of Feb.:D

    You can give us the names, when a company is in receivership/liquidation/examinership, its made public knowledge through the media and courts etc.


  • #10
    little-miss
    Closed Accounts Posts: 5 ✭little-miss


    You can give us the names, when a company is in receivership/liquidation/examinership, its made public knowledge through the media and courts etc.

    well it was Zavvi that went bust and HMV bought some of the stores...
    the liquidators that were dealing with it was Ernst & Young. They said the case was closed now so i dont know how to go about it now :/


  • #11
    lanternman
    Closed Accounts Posts: 29 ✭lanternman


    Well it would appear to me that the company who took over the old company did so in such a manner that you can claim continous employment under the transfer of employment laws and therefore the new company has to the debts and service due to employees of the old company.


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  • #12
    faceman
    Moderators, Category Moderators, Arts Moderators, Entertainment Moderators, Social & Fun Moderators Posts: 16,651 CMod ✭✭✭✭faceman


    the Department of Enterprise trade and Employment can give you guidance on your query. Give them a shout, they are pretty helpful.

    http://www.entemp.ie/


  • #13
    little-miss
    Closed Accounts Posts: 5 ✭little-miss


    Lanterman and Faceman you two guys are fab!!
    totally cleared up some confusion and now i know what to do!! cheers:D

    Thanks so much!X


  • #14
    faceman
    Moderators, Category Moderators, Arts Moderators, Entertainment Moderators, Social & Fun Moderators Posts: 16,651 CMod ✭✭✭✭faceman


    Best of luck and dont forget to come back and let us know how you get on! Hope you get sorted! :)


  • #15
    little-miss
    Closed Accounts Posts: 5 ✭little-miss


    hey guys!! just popped back to tell you that i received an email yesterday from the accountant that i was in contact with from Ernst & Young and he said this :


    Sorry about the delay in getting your query resolved. I'll be writing the cheque for your payment today, from there it must go through the Official Liquidator, then to the High Court Examiner who countersigns it. It should be back to my office later this week or early next week. I'll post it out to you once it arrives.

    Regards,
    ......

    so im like over the moon i will be getting something soon!!
    i didnt think it was possible but all it takes is a little bit of harassment!:P

    oh and another thing...Ernst & Young rang the store yesterday to speak to the manager that was in charge jan 09 and now it seems theyv noticed something and everybody could be getting their back pay!! All thanks to me! lol

    Thanks again Guys!!:)


  • #16
    faceman
    Moderators, Category Moderators, Arts Moderators, Entertainment Moderators, Social & Fun Moderators Posts: 16,651 CMod ✭✭✭✭faceman


    Thats great news little-miss, delighted you got sorted!

    Good initiative on your part too, you'd be amazed the amount of people who wouldnt follow up as thorough as you did!


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