Unpaid Wages

KD3107

I was made redundant in February 2009 and left without wages for a few weeks plus unpaid holidays and minimum notice. I made a complaint to the LRC and had my hearing in July 2009 which was ruled in my favour. To date my former employer has not paid what I am due I have been trying to contact him for the last number of months through letters (with not success) as all of his phone numbers have been changed. I finally got a new mobile number for him from a former co worker and when I contacted him i was told he is awaiting the sale of a property in order to pay us. I have contacted NERA to see what the next step is and they have said that I can bring a case to the courts for an enforcement order, so contacted local court clerk and they have said that I can bring a case but that more than likely because it was a limited company I was working for I won't get a penny and that I can't follow my employer because he was just a director. Anyone one who has had experience of anything like this or any advice on the matter I would be very grateful.

Clauric

I would suggest that you go to the courts, and apply for an enforcement order. Depending on the company structure eg, sole trader, ltd, plc, you might or might not get any money out of it.

The other side of the coin is that if you get an enforcement order, you can legally get the sheriff after the company, and seize their property. Further, if they owe you money from an enforcement order, and the company still refuses to pay, you can technically ask the courts to wind the company up (very extreme measure). Also, I would suggest that after an enforcement order is made, you can make complaints to both Revenue (if he hasn't paid wages, etc, then he hasn't paid the tax on them either), and to the Office of the Director of Corporate Enforcement.