Non Payments of Wages

Raekwon

My partner was let go from her job a week before Christmas and has never got paid a cent of what she was owned (including a months salary, holiday money & unpaid bonuses).

She was in contact with her ex-employer who fobbed her off and even when laughed when she said she would bring him to court.

She sent a non payment form to the Rights Commissioner on the 4th of January but has not heard anything since then.

I was just wondering how long do these proceedings take? Surely she should have received an acknowledgement that the form was received at the very least?

Reloc8

I would telephone and ask if it has been received.

blueythebear

Raekwon wrote: »

My partner was let go from her job a week before Christmas and has never got paid a cent of what she was owned (including a months salary, holiday money & unpaid bonuses).

She was in contact with her ex-employer who fobbed her off and even when laughed when she said she would bring him to court.

She sent a non payment form to the Rights Commissioner on the 4th of January but has not heard anything since then.

I was just wondering how long do these proceedings take? Surely she should have received an acknowledgement that the form was received at the very least?

Rights Commissioners do acknowledge that an application has been made. Usually takes a month or two for an acknowledgement. It also currently takes at least 6 months to get a hearing date. It's usually more than this though and especially so if the hearing is to be heard outside Dublin (this is determined by the addresses of the employee and employer).

Also she should have sent a copy of the form to her employer...

Raekwon

She called them and they told her that the The Rights Commissioner Service received her referral on the 5th of January but due to the huge volume of referrals to the Service they are now only processing the referrals received at the end of November 2009.

We live in Dublin City Centre, but like you said blueythebear, she could be waiting 6 months or so until anything gets resolved. Btw the service usually sends the employer a copy of the form when they receive it.

I find this unbelievable, her boss owes her nearly €3,000 yet she now has zero money and is waiting patiently for her dole payment to come through (she was told it could be near the end of February). Do employees actually have any real have any rights in this country? It is her money after all, not his, yet he can put her into serious financial debt without batting an eyelid!

Victor

She could speak to the local Citizens Information or a solicitor to try to follow other routes.

Is there a risk of the employer going bust before hearing?

Raekwon wrote: »

I find this unbelievable, her boss owes her nearly €3,000 yet she now has zero money and is waiting patiently for her dole payment to come through (she was told it could be near the end of February).

If money is needed now, she can talk to her community welfare officer, who can make an interim payment.

Raekwon

Victor wrote: »

She could speak to the local Citizens Information or a solicitor to try to follow other routes.

I went to the Citizens Information office myself a few years ago but I found them to be very unhelpful. We will look into going down the solicitor route but the whole cost issue is putting me off, but I guess it probably needs to be done at this stage.

Is there a risk of the employer going bust before hearing?

I doubt it, but you never know these days. One thing is for sure, he will definitely cry poverty anyway because he is notoriously tight and refuses to pay for anything until the very last minute (rent for his offices, external services that are provided to his company, etc, etc, etc).

If money is needed now, she can talk to her community welfare officer, who can make an interim payment.

She will make an appointment as soon as possible. Her ex boss put her in a horrible position leaving her with no money over Christmas, it really effected us both badly and now all we are doing is watch the debt mount up