Yet another redundancy thread.

shenanigans1982

Just wondering if anybody can help me out here.

A guy I used to work with called me in January and told me he had been put on a three day week. Then a few weeks ago I was talking to him and he told me he had been let go for four weeks. He went back to his job to see his boss this morning and the boss told him that he has no work for him and he was being let go but he would have to claim his own redundancy.

If he does this will he waive all of his holiday and notice entitlements? Basically it sounds like the job is forcing him to claim his redundancy than pay it by choice.

He was also told that the company has no money to pay him and he will have to claim it from the government.

Can he do this? I thought the company had to pay it on the final day and they were to reclaim the money.

Any help anyone can give would be greatly appreciated.

Keano

There is a lot of information here... Have a read Redundancy Info

clevtrev

Companies are getting away with not paying redundancy and telling staff to go direct to the state to claim it. The company however must provide proof that it is unable to pay .i.e. their auditor must provide a statement confirming that the company does not have the available cashflow to support the payment to the DOE. The state will then reclaim the 40% direct from the employer after it has paid the 100% to the employee.

if you claim redundancy when you are on temporary layoff then you loose entitlement to notice - bit of a dirty trick by the employer but a lot of companies just cant afford to pay it. Not sure if there is any way around this to force the employer to pay the notice ?? Company is obliged however to pay any holiday pay or other payments due

shenanigans1982

clevtrev wrote: »

if you claim redundancy when you are on temporary layoff then you loose entitlement to notice - bit of a dirty trick by the employer but a lot of companies just cant afford to pay it. Not sure if there is any way around this to force the employer to pay the notice ?? Company is obliged however to pay any holiday pay or other payments due

Thats what he was asking....I thought that if he went back after the temporary lay off and was told there was no work for him then it would be the company who would have to make him redundant and he would be entitled to notice.

clevtrev

Yes absolutely - if your friend is brought back off temporary layoff and then made redundant then he is entitled to notice or if he is made redundant while on layoff then he is also entitled to notice.

shenanigans1982

clevtrev wrote: »

Yes absolutely - if your friend is brought back off temporary layoff and then made redundant then he is entitled to notice or if he is made redundant while on layoff then he is also entitled to notice.

Cheers man, thanks for that.

shenanigans1982

clevtrev wrote: »

Yes absolutely - if your friend is brought back off temporary layoff and then made redundant then he is entitled to notice or if he is made redundant while on layoff then he is also entitled to notice.

Just got a call back from him as he had a meeting with them today and was told.

He is made redundant as of today.

He has to claim his redundancy from the government.

The four weeks he was temporarily released is his notice and because the social welfare paid him for those four weeks he is not entitled to any payment for the company.( which I am certain is against the law)