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Redundancy; Can I avail in my circumstances?

  • 06-01-2013 11:26am
    #1
    Frank_Leach
    Registered Users, Registered Users 2 Posts: 163 ✭✭


    Am in my job 10+ years. On casual/short time the last year. At the start there was redundancy offered but conditions have deteriorated badly and last word from company when they were going through latest cuts (6 months ago) was that the company had no funds for redundancy and staff who were willing to go would get their redundancy from the state.
    My question is this; Can I avail of this? I want to emigrate, by June. Can I ask the company to process this? Its a huge step and maybe €10k +/- at stake,not to mention my salary I will leave behind so I need to be sure. Will the state always honour this redundancy if it goes like that? And can the company refuse to write it up? We have a union, and if i go it is likely I will save another's job so floor staff shod be happy about it.
    Anyone had similar experience? Much thanks...


Comments

  • #2
    smcgiff
    Closed Accounts Posts: 5,943 ✭✭✭smcgiff


    If your short time was temporary then you would be entitled to redundancy based on your full pre-short time salary. Your employer should have notified you formally that you were being put on short time at the time and that it was only temporary. If you are on short time for nearly a year, you may not qualify for redundancy on your old full time pay.

    Your employer is the first port of call to pay your redundancy - but if he can prove he cannot pay it then the government will pay it to you. However, the government will then become a preferential creditor for the amount - so the employer will have to pay it to the government eventually unless he closes down. Your employer should know this I imagine.

    You will get up to 600 euro per qualifying week, based on 2 weeks per full year of service you gave your employer, plus one week.

    This is only my opinion and should not be taken as financial advice.


  • #3
    smcgiff
    Closed Accounts Posts: 5,943 ✭✭✭smcgiff


    Oh, another factor to be taken into account was whether you agreed to be put on short time at the time. If not there may be EAT implications. But that would take years if applicable, possibly not worth it if the company is on the brink.


  • #4
    Frank_Leach
    Registered Users, Registered Users 2 Posts: 163 ✭✭Frank_Leach


    smcgiff wrote: »
    Oh, another factor to be taken into account was whether you agreed to be put on short time at the time. If not there may be EAT implications. But that would take years if applicable, possibly not worth it if the company is on the brink.
    No,I agreed to go on short time,as did all the staff.
    The situation is dire and not improving. The company is overstaffed and is unlikely to recover.
    Can I insist that I be made redundant? I understand the details of who actually is liable for the cost of the redundant ie, the company will eventually have to account for it but its possibly a moot point.
    It is likely the company will not want me to go, there are others that would be less useful and less experienced. Will this matter? Im pretty sure if I called a staff meeting and said to the other workers they would be happy about it. Am inclinedto believe, logically, the union would push for it,as again it may save other jobs.


  • #5
    smcgiff
    Closed Accounts Posts: 5,943 ✭✭✭smcgiff


    Frank_Leach wrote: »
    No,I agreed to go on short time,as did all the staff.
    The situation is dire and not improving. The company is overstaffed and is unlikely to recover.
    Can I insist that I be made redundant? I understand the details of who actually is liable for the cost of the redundant ie, the company will eventually have to account for it but its possibly a moot point.
    It is likely the company will not want me to go, there are others that would be less useful and less experienced. Will this matter? Im pretty sure if I called a staff meeting and said to the other workers they would be happy about it. Am inclinedto believe, logically, the union would push for it,as again it may save other jobs.

    If you hadn't agreed to the short time you could have claimed redundancy.

    It's only if the company is not paying your wage or giving you the short term work agreed with you could you force them to make you redundant.

    If everyone is getting their agreed hours and getting paid, then it's only if the company agrees to make you redundant.


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