Denied Redundancy Payment

DEFENDANT

I was employed for over 3 years before being made redundant in Sept '08. The owners of this limited company have denied me any redundancy payment and wages due, stating that they cannot afford it.
I have made a claim with the Employment Appeals Tribunal in Mar '09. I have been informed that my case will not be heard until Mar 2010.
On Aug '09 the owners have removed all assets of the company. I strongly suspect they have shipped these assets to their founder company in the UK in order to dispose of them.
Do I have any come back if all assets of the company have been removed from the country. The owners all reside in the UK with personal assets in the form of property in Ireland.
Should I take any further steps apart from the E.A.T. claim?

DubTony

The government will make redundancy payments to employees in a situation where the employer cannot meet obligations. They then go after the company for what is owed (40% I believe).

I think you'll find something about it here. www.entemp.ie

This should have been sorted out before the company was wound up. Your employer needs to fill out the forms. I suggest you talk to Citizens Information as well.

Mickk

From reading his/her only other post it's not quite as clear cut, they were also a director of the company they are seeking redundancy from. Best of luck however it turns out...

DEFENDANT

Although all management decisions came from the board, will the P.A.Y.E. employee making P.R.S.I. contributions who made the mistake of investing in the company and so becoming a shareholder and director loose all rights as an employee after making the investment.

antoinolachtnai

Well, investing in the company doesn't make you a director necessarily. But that's another story.

You should still get your last period's pay and redundancy payments from the insolvency fund. There are limits to this though.

ghosttown

Looking at both posts, it appears you got a P45 ? Have you rec'd any social welfare ? That would clarify your position. Have they liquidated ? Then talk to liquidator. Best shot will be you get approx. 11 weeks at a max of €590 per week based on my read, and it comes from Ent & Employment, not Revenue or SW. There is a 4 month min waiting list. The liquidator if there is one can sign off on this once you've explained your case. Bear in mind that if a director, you may have responsibility for some debts.

DEFENDANT

Made "A" class PRSI contributions and was eligable to collect Unemployment benefit