Never Got Paid

LegacyUser

In a nut shell, I was forced out of my last job a few months ago and I never received my final months wages, sales commission or holiday pay. I took my employer to a Rights Commissioner hearing and even though the official decision has been announced I still have not been paid a cent from my former employer. I called the Labour Court and they told me that if my employer still refuses to pay me I will have to take them to Civil Court.

My question is what was the point in dragging my ex-employer through the Labour Court if they have no power to force my former employer to pay up. Now it looks like I will have to bring them to Civil Court and that is going to cost me a small fortune! I am already in serious debt because I never received what I am entitled too and am unemployed. The whole situation is ridiculous! Employees don't seem to have any rights in this country!

/rant

dudara

You could approach a Free Legal Aid Centre to see if you can get some legal assistance

Jo King

You might get a solicitor on a no foal no fee basis.

LegacyUser

I'm on a five month waiting list for fee legal aid so I won't be able to bring them to court until September at the very earliest. I also called a few solicitors and the vast majority charge €300 per hour and don't do 'no win no fee' cases. In fact all of them bar one wanted cash up front if they were to take my case.

Anyway I'm so annoyed, I am legally owned a few grand but have been scraping by for the last six months with the bank & credit card company constantly on my back while my former boss is swanning off to the World Cup in South Africa in a few weeks (I was informed by an ex-colleague).

Is there any justice at all in this country because this is all bloody ridiculous if you ask me!

Mervin J Minky

This happened to me too (see here). I signed a lucrative 6 week contract at the start of the year but up until now I have never received a cent off the people I worked for! I now owe AIB credit card nearly €5k and am living hand to mouth on social welfare, if they paid me then my debts would be clear, but they don't seem to want to know and the justice system is extremely slow and setup in favour or employers it seems.

No justice for workers in this country! :mad:

El Tarangu

I don't know if anyone has suggested something like this to you:

Stand outside your former employer's premises with a big sign, outlining the nature of your complaint. If you see any potential clients/customers on the way in, explain to them (politely!!! don't freak them out!) your issue.

Your former boss might speed up the process of paying you then.

(obviously not a great idea if you require a reference from said employer)

Jo King

What did you do? Ring solicitors from the Golden Pages?

LegacyUser

Jo King wrote: »

What did you do? Ring solicitors from the Golden Pages?

No, I checked Google for solicitors that specialise exclusively in Employment Law and contacted several of them. Anyway who cares what method I used to find solicitors details from, the point of the matter is that Ireland is in an economic meltdown employers are using the recession to do whatever they want with very little deterrence or strict regulation in place. It's a total farce IMO!

(Btw could a mod please remove that wink smiley from my post above, I have no idea how it got there but it is really annoying me! Thanks.)

dudara

Drained88 wrote: »

(Btw could a mod please remove that wink smiley from my post above, I have no idea how it got there but it is really annoying me! Thanks.)

Done as requested

Denimgirl

Call employments rights 1890808090 tell them the story,they are great help

HR Advice

Have the six months since you received the decision passed? Your ex employer may be appealing, hence the delay. But call the LRC again and find out if there is an appeal. If not then it's the Circuit Court you'll be going to and if the employer has not appealed to the EAT (Employment Appeals Tribunal) and still failed to pay you what you were entitled to then they may end up paying you what you were owed plus your costs. Check it out, it's worth the price of the call. Good luck!

LegacyUser

HR Advice wrote: »

Have the six months since you received the decision passed? Your ex employer may be appealing, hence the delay. But call the LRC again and find out if there is an appeal. If not then it's the Circuit Court you'll be going to and if the employer has not appealed to the EAT (Employment Appeals Tribunal) and still failed to pay you what you were entitled to then they may end up paying you what you were owed plus your costs. Check it out, it's worth the price of the call. Good luck!

No only 5 weeks have passed since the decision was announced. You seem to know abit about this subject so I was wondering if you know the approximate payment deadlines etc, surly my ex-employer cannot purposely not pay me then ignore a Rights Commissioners decision without accruing some sort of penalty? I just find it bizarre that they can be blatantly breaking a major employment law with such ease.

Mary Hairy

You could try and have him prosecuted for obtaining services by deception under the Theft & Fraud Offences Act.

Noodles5

Drained88 wrote: »

No only 5 weeks have passed since the decision was announced. You seem to know abit about this subject so I was wondering if you know the approximate payment deadlines etc, surly my ex-employer cannot purposely not pay me then ignore a Rights Commissioners decision without accruing some sort of penalty? I just find it bizarre that they can be blatantly breaking a major employment law with such ease.

I just got a decision from the lrc about a hearing I had 7 weeks ago, it states that if my ex employer doesnt pay within 6 weeks I have to bring the case up with the circuit court, i need the original decision from the rights commissioner and they issue a court order for him to pay the compensation owed to me.

LegacyUser

Noodles5 wrote: »

I just got a decision from the lrc about a hearing I had 7 weeks ago, it states that if my ex employer doesnt pay within 6 weeks I have to bring the case up with the circuit court, i need the original decision from the rights commissioner and they issue a court order for him to pay the compensation owed to me.

Well my employer has still not paid me and over 6 weeks have expired since I received the decision from the Rights Commissioner so I guess I will need to get a court order issued for him to pay me.

Btw I just read your thread Noodles5 and your ex-boss seems very similar to mine, he hates to part with money and will bend every rule in the book to keep his bank balance bloated. There are far to many rouge employers out there who treat employees like trash and seem to get away with it!

Mary Hairy

I blame the parents!

Noodles5

Drained88 wrote: »

Well my employer has still not paid me and over 6 weeks have expired since I received the decision from the Rights Commissioner so I guess I will need to get a court order issued for him to pay me.

Btw I just read your thread Noodles5 and your ex-boss seems very similar to mine, he hates to part with money and will bend every rule in the book to keep his bank balance bloated. There are far to many rouge employers out there who treat employees like trash and seem to get away with it!

http://www.eatribunal.ie/en/intro/introduction.aspx

have a look at the above link, it gives you all of the info you need to get the decision of the rights comissioner implemented if you havent already started the proceedings!
Hope it helps!