Job loss

Dublin D

Hi Just looking for advice on this.
I was a foreman with building company for last 7 years. Was laid off on a Friday evening with no notice given. Company phone and van taken off me that day. Reason for lay off was as company was ceasing trading. I am getting redundancy sorted from government. However I am annoyed about this and think I should be entitled to notice and holiday pay etc. I have asked him about this and he walked away from me.

0ph0rce0

You are entitled to a minimum of 2 weeks' written notice of redundancy. This notice period goes up depending on the period of service.

Period of service Notice required
Between 2-5 years - 2 weeks
Between 5-10 years - 4 weeks
Between 10-15 years - 6 weeks
Over 15 years - 8 weeks


Holidays
You are entitled to any holidays that are outstanding or payment in lieu of holiday.

All explained here.

http://www.citizensinformation.ie/en/employment/unemployment_and_redundancy/redundancy/redundancy_procedures.html

STB.

You say you are getting redundancy from the goverment. Are they insolvent ?

The notice you were seved with is in no way acceptable.

http://www.citizensinformation.ie/en/employment/types_of_employment/self_employment/closing_or_selling_a_business_in_ireland.html

Dublin D

Thanks for the link. The company is still listed as normal on solocheck. I was given a letter from his accountant stating they are not in a position to pay my redundancy. However I still want my notice in payment and holiday pay...

davo10

Unfortunately it looks like you are an unsecured creditor in a company about to go into liquidation. If they are insolvent/cease trading, the chances of you getting the monies owed are poor.

Peregrinus

Dublin D wrote: »

Hi Just looking for advice on this.
I was a foreman with building company for last 7 years. Was laid off on a Friday evening with no notice given. Company phone and van taken off me that day. Reason for lay off was as company was ceasing trading. I am getting redundancy sorted from government. However I am annoyed about this and think I should be entitled to notice and holiday pay etc. I have asked him about this and he walked away from me.

You are entitled to notice and holiday pay. However an entitlement to something from an insolvent debtor is of limited value.

You're a preferential creditor of the company, meaning that you will get paid ahead of unsecured creditors and creditors who have a floating charge over the company's assets (but behind the costs of the liquidation, any unpaid PRSI due to the Revenue, and any creditors whose interests are secured by fixed charges over any of the company's assets). Without knowing the financial situation of the company it's impossible to know what, if anything, you will eventually get.

Glass fused light

Did the letter say anything about a creditors wind up meeting? You should ask the accountant about it if not as you should get Notification of it. if you can attend it may give you some idea of how much is owed.

Check here to see if it's listed as in liquidation
http://www.irisoifigiuil.ie/currentissues/

coloneldecker

http://www.welfare.ie/en/Pages/Employee-Guide-to-the-Insolvency-Payments-Scheme.aspx