Question about bringing my last employer to court...

fragile

I am currently looking to bring my last employer to court to seek payment of wages that are owed to me, as I have explored all other options.

Should I go directly to court or is it worth appealing to the Labour Court first?

Is it possible to hire a solicitor on a percentage basis? for example 25% in the event of a payout and nothing in the event that I lose the case? I have heard of this method being used before and it would suit me perfectly as I can't really afford a solicitor at the moment.

Lastly, how should I approach a solicitors firm? I sent an email to five of the leading firms in Limerick last week and none of them replied :eek: has the legal profession not caught on to IT yet? I guess I should phone them directly.

whiskeyman

have you full proof of monies owed? Payslips... bank lodgement records etc...
Make sure you have a proper case to go on first and that the "owed" money is definitly yours (and not holiday payment your weren't entitled to etc..)
Shouldnt really be need for a solicitor as the Labour Court is in place for this kind of thing.
First thing, after trying to deal with employers, is to go to a Rights Commissioner (I think).

RainyDay

You almost certainly don't need a solicitor - Try the Employment Appeals Tribunal.

AARRRGH

Did they not pay you because they're arseholes or because they are running out of money?

stormin

Don't ponder this too much. There's a time limit on applying for non payment of wages. Read the Wages Act. Go to your local Citizens Advice Bureau. Solicitors aren't big on email. You'll have to make an appontment.

If you can do it yourself then do it. It'll be a lot cheaper and you can do everything that a solicitor can do.

fragile

Thanks for all the replies.

I received a document when I left the company, signed by the company accountant, detailing all money owed.

The money owed is for months over the last three years when the company couldn't pay all or some of the wages, altogether it amounts to roughly four months total wages.

The company obviously has a lot of financial problems and two weeks before I gave a months notice to leave they told us on payday (with no prior warning) that could only pay 50% wages to everybody and didn't know if/when the rest would be paid. I thought that was enough and gave a months notice to leave.

I suggested that the company should pay me a minimal amount every month, this way would take over a year to clear the debt but at least it would be something. I got a verbal commitment from the financial controller and company MD on this but nothing has been paid and they simply say they can't afford it!

As bizzare as it sounds there are still two engineers working with the company who are in the same boat as myself.

IANAL but I think that the company is guilty of reckless trading under the Companies (Amandment) Act, 1990 as this kind of thing has been going on for a long time. Would this mean the company directors could be held directly responsible (i.e. financially) if the company went in to liquidation?

dublindude - they are arseholes and they are running out of money!

stormin - thanks for the tip, I hadn't considered representing myself.

Thanks again for the advice, all tips/suggestions appreciated?

RainyDay

fragile wrote:

IANAL but I think that the company is guilty of reckless trading under the Companies (Amandment) Act, 1990 as this kind of thing has been going on for a long time. Would this mean the company directors could be held directly responsible (i.e. financially) if the company went in to liquidation?

Could indeed be reckless trading. Contact the Office of the Director of Corporate Enforcement for expert advice on this.

AARRRGH

OP, I was in the same situation as you.

If your employer has financial issues you'll be lucky to get a solicitor who will take them to court.

I waited until the company went into liquidation and then got my money from a fund the government keeps for situations like the one you're in (can't remember the exact details of the fund, sorry, it's been a few years.)

But if they don't go into liquidation, the best bet is the labour relations court. But bear in mind if the labour relations court vote in your favour, the employer can simply not pay you the money and nothing will happen to them.

fragile

RainyDay wrote:

Could indeed be reckless trading. Contact the Office of the Director of Corporate Enforcement for expert advice on this.

That link is for odca.ie not odce.ie, I just spent the last ten minutes wondering how the Director of Comsumer Affairs could help me with a reckless trading enforecement

Thanks for the link RainyDay it looks like the ODCE could well be what I am looking for.

RainyDay

Oops - Apologies for the typo. The correct link for the Office of the Director of Corporate Enforcement (for the benefit of other readers interested in reckless trading issues) is of course http://www.odce.ie

I'm not allowed edit my earlier post for some reason?