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company withholding final paycheck

  • 11-09-2014 12:05pm
    #1
    paulhey
    Registered Users, Registered Users 2 Posts: 13 ✭paulhey


    Hi guys,
    any advice is greatly appreciated. Just curious on my situation. worked for a place for 2 weeks then was let go as it turned out they didn't have a job for me in the end. I got first weeks pay while still working, transfered to my bank account. I am now due the final weeks payment. I have an apron that I was given for the job. I have no interest in going back into this place ever again as they really messed me around and wasted my time in the end, so it end on fairly bad terms. Anyway I have been told that my final paycheck is waiting for me at the shop pending the return of their apron. I don't have a problem really with giving them their apron back. I am currently in a new job though, a far distance from their place, and don't have the time at the moment to come in to return their apron. I have told them this and that I will return it when possible for me.
    So my question is can they legally hold my money and p45 ransom until they get their apron. I really need this money asap and this is really annoying me. They still have my bank details and could have transferred the money to me as before but are choosing not to. Has anyone got any experience or knowledge on this.
    Many thanks for any help here.


Comments

  • #2
    Ernest Attractive Teacher
    Posts: 0 CMod ✭✭✭✭ Ernest Attractive Teacher


    Just give them back the apron. You can do it in an evening or weekend or something I'm sure. Courier it if you have to


  • #3
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    Give back the apron (their property) = get paid, hold on to the apron = don't get paid, the solution would appear to be pretty straight forward.


  • #4
    paulhey
    Registered Users, Registered Users 2 Posts: 13 ✭paulhey


    Unfortunately I won't be able to return the apron in person until late next week due to long hours with new job coinciding with their closing time and the fact that my new place is quite a distance to their location. So in the meantime my money is being held ransom. I don't believe I should have to pay for it to be couriered to them. From reading legal guidelines from US (I can't find much from Ireland specific) what they are doing would be illegal and opening themselves up to problems. wages owed and company Property to be returned are seperate matters. Just not sure how it is in Ireland. I'm presuming it would be similar.

    Thanks for the input bluewolf.


  • #5
    MouseTail
    Registered Users, Registered Users 2 Posts: 1,663 ✭✭✭MouseTail


    Just courier it or send it registered post. Once that is done, and if they still will not pay you, raise a case with the Rights Commissioner.


  • #6
    ABajaninCork
    Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    You're making things much worse for yourself without any real need to. You can't get over to the place easily. Fair enough. Why can't you send someone over with the wretched apron, get the company to sign something to say it's been returned, and get your money?

    Simples...


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  • #7
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    paulhey wrote: »
    So in the meantime my money is being held ransom. I don't believe I should have to pay for it to be couriered to them.
    .

    To be fair OP, they provided you with a "uniform" and quite rightly they are entitled to it back, how you get it back to them is your business. They are not holding you to ransom, they want to ensure they get back what is theirs and by the sounds of things, if they pay you now there seems to be no imputes on your part to return it. If all disputes over wages were as simple as this to resolve then life would be a lot easier for disaffected former employees.


  • #8
    Beano
    Closed Accounts Posts: 3,357 ✭✭✭Beano


    MouseTail wrote: »
    Just courier it or send it registered post. Once that is done, and if they still will not pay you, raise a case with the Rights Commissioner.

    which would not be resolved for weeks.


  • #9
    Mollyd90
    Registered Users, Registered Users 2 Posts: 608 ✭✭✭Mollyd90


    We operate a similar policy where I work. We hold P45s until uniform, till card and name badge etc are returned. All those bits and pieces cost money and if we let leavers off without returning them we would have to reorder every few months.

    I don't see what the big deal with returning the apron is. Just get one of your friends/family to return or organise a suitable time with your ex employer.


  • #10
    martinr5232
    Registered Users, Registered Users 2 Posts: 2,298 ✭✭✭martinr5232


    Mollyd90 wrote: »
    We operate a similar policy where I work. We hold P45s until uniform, till card and name badge etc are returned. All those bits and pieces cost money and if we let leavers off without returning them we would have to reorder every few months.

    I don't see what the big deal with returning the apron is. Just get one of your friends/family to return or organise a suitable time with your ex employer.

    It is certainly against the law to withold someones p45 whatever about holding wages.


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