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Rights Commissioner

  • 12-06-2013 9:24pm
    #1
    Skybox
    Registered Users, Registered Users 2 Posts: 109 ✭✭


    I lodged a complaint today against my former employer with the Rights Commissioner. Does anyone know how long a case would generally take to be resolved?? Posting a summary of the case as outlined to the Rights Commissioner below and welcome any opinions as to the validity of the case and whether they think I have a rightful claim!

    I was paying 5% of my salary into a pension fund which was being matched by the company.

    When I left my job in February of this year. I received a letter from the pension administrators saying that "as I have less that 2 years scheme service, I am only entitled to the value of any employee/AVC contributions paid into the scheme."

    I was surprised when I spotted this as it was the first I had heard of it. It wasn't mentioned to me when I joined the pension scheme. I also reviewed my employment contract and there is nothing to state that the employer contributions would be forfeited were I to be in service less than 24 months. The contributions made by the company on my behalf amount to €x and I believe that I should be entitled to this.

    The employers contributions to my pension were treated as part of my overall salary package. At no point was it indicated to me that there were any restrictions or caveats to the employer contributions.

    Another point to note is that the company made monthly payments including an employer's contribution to a private pension fund for a former employee, Joe Bloggs, while I was employed. Joe also served less than 2 years and there was no attempt to recover the employers' contributions to his pension plan. This would indicate that it is practice in the company to include an employers' contribution as part of the salary package.

    On review of the options on leaving service, and the restrictions in transferring my pension to a Personal Retirement Bond or PRSA due to the limitations on transfer values below €5k, I was left with little option but to request a refund of contributions made. There was a point in the letter accompanying my contributions refund that "acceptance of the payment fully discharges the trustees liability in respect of my benefits". I have not yet cashed the cheque.

    I have been in touch with the company back and forth over the last number of months to try and get a cheque for the amount of the employer contributions as in my opinion, it should be treated as unpaid salary.


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