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Redundancy Problem

  • 06-05-2012 8:21pm
    #1
    Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭


    I am losing my job at the end of this month.

    I am a teacher and have been working in the same school for the last 4 years. I have had 4 separate 1 year contracts and have been replacing a teacher who was on career break but has now retired and will not be replaced so I have been told my job is gone. I'm obviously upset but at the same time it sort of suits me, as I would like to spend time travelling.

    I was given advice by a legal professional that I am entitled to a Redundancy payment. However, my employer has totally disputed this and told me I am not being made redundant, I am simply not getting hours in the school next year. He won't use the word redundancy. I contacted my union but they have been useless and told me to speak to my employer about it.

    I feel like nobody wants to know.

    So, online I found that if my employer does not give me a redundancy payment on my last day, the next step is to forward a completed Form RP77 to my employer to request the redundancy payment and if I get no joy from that, I can then request it from the Dept of Social Protection. Does this sound right to anyone?


Comments

  • Registered Users, Registered Users 2 Posts: 7,920 ✭✭✭cee_jay


    I don't think you are being made redundant. A person doesn't get made redundant - the position itself does. Redundancy is where an employee’s position ceases to exist and the employee is not replaced. The role you were covering still exists.


  • Banned (with Prison Access) Posts: 581 ✭✭✭phoenix999


    I am losing my job at the end of this month.

    I am a teacher and have been working in the same school for the last 4 years. I have had 4 separate 1 year contracts and have been replacing a teacher who was on career break but has now retired and will not be replaced so I have been told my job is gone. I'm obviously upset but at the same time it sort of suits me, as I would like to spend time travelling.

    I was given advice by a legal professional that I am entitled to a Redundancy payment. However, my employer has totally disputed this and told me I am not being made redundant, I am simply not getting hours in the school next year. He won't use the word redundancy. I contacted my union but they have been useless and told me to speak to my employer about it.

    I feel like nobody wants to know.

    So, online I found that if my employer does not give me a redundancy payment on my last day, the next step is to forward a completed Form RP77 to my employer to request the redundancy payment and if I get no joy from that, I can then request it from the Dept of Social Protection. Does this sound right to anyone?

    I suspect you may be entitled to a CID and permanency if it's a full 4 years service. Failing that, you are entitled to redundancy. Recent labour court cases involving teachers awarded 6 weeks redundancy. That's what your union dues are for. Check FTD cases on www.labourcourt.ie or pm me.


  • Banned (with Prison Access) Posts: 2,381 ✭✭✭Doom


    You have to be continuously employed for 104 weeks to be entitled to redundancy


  • Banned (with Prison Access) Posts: 2,381 ✭✭✭Doom


    Some info from the citizens abvice...


    To be eligible for a redundancy payment under the Acts, you must satisfy the following requirements:

    You must be aged 16 or over. (Since 8 May 2007 there is no upper age limit of 66.) You must be in employment that is insurable under the Social Welfare Acts. Full-time employees under the age of 66 must be paying Class A PRSI. (This insurability requirement does not apply to part-time workers - see below.) You must have worked continuously for your employer for at least 104 weeks over the age of 16.


  • Registered Users, Registered Users 2 Posts: 26,289 ✭✭✭✭Mrs OBumble


    It sounds to me like the key question is what happened over the summer for the last 4 years: were you employed, or did you have to sign on?


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