Employer ignoring redundancy claim

MacSpatchka

To Moderator: Hi, I had posted this in another similar older thread a number of days ago but only received one reply which wasn't very helpful. Please delete if you think it is unsuitable for a new thread.

I was working for almost 9 years in a small company with one other employee and my employer. After being put on 3 days per fortnight over four years ago, I was given no hours without notice for four weeks in march of this year, then received three days work in April after which I was again left without any contact or work this time for seven weeks. I requested to be given work and when I got no reply after several days I requested a meeting with my boss at a time and location to suit him, he then replied and said to come in the following week for a few days work. I know that this would mean a couple of days work, and then back to the same situation of ignoring me for several weeks again and more or less stringing me along. I again asked him to meet me to discuss the ongoing situation but he ignored my message. So after speaking with citizens information I sent him the RP9 form to claim redundancy on the 12th of June and text him the following day to let him know that he would be receiving it and to explain that I could not go on any longer with the uncertainty and that I needed to move on and try to find full time employment either elsewhere in the country or abroad. Ha has not made any reply to my text or the RP9 form since. Today is the 25th and the RP9 form was received in his office on the 13th.

The job was great when I started first in 2004. We were busy, but the boss was always a bit odd and talked to us and treated us like we were second class citizens but as time went on and the recession hit this became more and more apparent. He paid us every now and then in cash, his part-time woman who does his tax returns rang us this year wondering how many cheques we got in the past year and when we might have been paid cash. She couldn't figure out his records. He had us doing work that was not in our contract to do i.e. We could be cleaning windows, clearing out units he owns, delivering this and that around the town for him, delivering flyers for his wife's business, graphic designing for his wife's business etc. etc.. (We are engineers and architects) We also had no working toilet in the building, so we had to go next door to a business he owned to use the facilities there. The IT equipment was maintained by ourselves only because there was no one else to do it and was years past its best, but we got abuse if we didn't produce the work fast enough and if we complained about the equipment he shrugged it off saying that
"the computers couldnt be that bad as they were only a few years old". Anyway, that's beside the point. The place was driving me into the ground physically and mentally. I am glad I sent him the RP9 form but I'm worried it might all backfire on me and I will have to move abroad if I cannot find another job. I have been applying locally for all types of work for four years and not even got an interview.

I would be interested to know how you got on with your situation and if anyone has any pointers as to what I should do next. I don't know if I should try to contact him or just go ahead and send him Form 77? Should I seek advice from my solicitor or just go ahead and make a claim to the authorities. I've contacted NERA and Equality Authority but they could only tell me what I already know in relation to the process of claiming for redundancy. My employer is known for being stubborn and fighting things to the bitter end either directly or by ignoring things for so long that they go away because the person looses interest.

I would also be interested to hear what social welfare might think of me claiming redundancy?and if it might effect any assistance I get from them.

Thanks in advance for all replies.

drunkmonkey

Not many employers manage staff via text especially the kind of things your on about. I suggest you arrange a meeting and not via text. Pick up the phone and call him to arrange. If you don't get through leave a voicemail but no more texts.

You also making wild claims about piracy etc, i'd thread carefully as what you put on the internet can be used against you.

MacSpatchka

Thanks for your quick reply, he has always used texting to communicate with us. He has always usually ignored phone calls or just shouts "I'll ring you back" and hangs up and then never rings back. I don't necessarily see the problem with texts but if you think its a problem, could you explain a little further? Thanks

Edit: He doesnt have voicemail set up on his phone and he is not like "many employers"

drunkmonkey

Texts are dangerous with employees, if it's only normal day to day stuff like what time your on etc then texts are fine but when your on about redundancy payments etc there's no way he's going to reply to those texts as his reply could have legal implications.
You'll have to just nail him down some way and the sooner the better, as it could be a ltd about to go bang along with any redundancy you might be entitled to. Phone calls or visit him it's the only way. Failing that contact NERA http://www.employmentrights.ie/en/ only go to NERA when the calls and visit have failed. You could call them now just so they can go through everything with you but don't mention who your employer is just yet.

wmpdd3

I would request a meeting by registered letter, it sounds like he is just hoping that you get another job and disappear. Other than that the legal route may be the only option left for you.