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Is independent representation required for WRC?

  • 09-01-2019 11:36am
    #1
    Captain Obvious
    Registered Users, Registered Users 2 Posts: 4,165 ✭✭✭


    Does an employee need their own solicitor for a case in the WRC or do they act on the employee's behalf? Would the WRC still be involved if the business has closed? Would they deal with stuff such as failure to appoint a liquidator or is that something that would have to be dealt with separately?


Comments

  • #2
    ohnonotgmail
    Registered Users, Registered Users 2 Posts: 40,641 ✭✭✭✭ohnonotgmail


    Captain Obvious wrote: »
    Does an employee need their own solicitor for a case in the WRC or do they act on the employee's behalf?


    No solicitor required but the WRC will not act on your behalf. They act independently.

    Captain Obvious wrote: »
    Would the WRC still be involved if the business has closed? Would they deal with stuff such as failure to appoint a liquidator or is that something that would have to be dealt with separately?


    I cant see how this is in the remit of the WRC.


  • #3
    Captain Obvious
    Registered Users, Registered Users 2 Posts: 4,165 ✭✭✭Captain Obvious


    ohnonotgmail wrote: »
    No solicitor required but the WRC will not act on your behalf. They act independently.





    I cant see how this is in the remit of the WRC.


    In that the business has closed down or because they don't deal with liquidators? They do deal with redundancy though don't they?


  • #4
    ohnonotgmail
    Registered Users, Registered Users 2 Posts: 40,641 ✭✭✭✭ohnonotgmail


    If the company is insolvent you apply to the social insurance fund for statutory redundancy.


  • #5
    Captain Obvious
    Registered Users, Registered Users 2 Posts: 4,165 ✭✭✭Captain Obvious


    ohnonotgmail wrote: »
    If the company is insolvent you apply to the social insurance fund for statutory redundancy.


    It's the Insolvency Payments Scheme I'm looking at. An employee is supposed to apply through the liquidator for back pay and holiday pay. But if no liquidator is appointed then it seems the employee must go through the WRC as if the business is still solvent. Can the WRC then force the appointment of a liquidator?


  • #6
    ohnonotgmail
    Registered Users, Registered Users 2 Posts: 40,641 ✭✭✭✭ohnonotgmail


    if no liquidator has been appointed then the company is not in liquidation. What you are asking is unclear.


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  • #7
    neris
    Registered Users, Registered Users 2 Posts: 20,084 ✭✭✭✭neris


    Captain Obvious wrote: »
    It's the Insolvency Payments Scheme I'm looking at. An employee is supposed to apply through the liquidator for back pay and holiday pay. But if no liquidator is appointed then it seems the employee must go through the WRC as if the business is still solvent. Can the WRC then force the appointment of a liquidator?

    No, the court system (cant remember which court exactly) appoints a liquidator either by request of the company or a major creditor. A liquidator isnt always appointed to a company closing down


  • #8
    Captain Obvious
    Registered Users, Registered Users 2 Posts: 4,165 ✭✭✭Captain Obvious


    ohnonotgmail wrote: »
    if no liquidator has been appointed then the company is not in liquidation. What you are asking is unclear.


    If a company is claiming to be unable to pay redundant employees due to insolvency but has not appointed any liquidator or receiver would the WRC be in a position to deal with it or would it be outside their remit?

    neris wrote: »
    No, the court system (cant remember which court exactly) appoints a liquidator either by request of the company or a major creditor. A liquidator isnt always appointed to a company closing down


    That was my understanding. I was wondering if the WRC would get involved in this process at all though. From reading above, as they don't act on behalf of the employee, I don't think but they would. They would likely just treat the company as active and insolvent.


  • #9
    ohnonotgmail
    Registered Users, Registered Users 2 Posts: 40,641 ✭✭✭✭ohnonotgmail


    Is the company in the process of closing down? Or is the case that it is making some employees redundant but cannot afford to pay redundancy?


  • #10
    Captain Obvious
    Registered Users, Registered Users 2 Posts: 4,165 ✭✭✭Captain Obvious


    ohnonotgmail wrote: »
    Is the company in the process of closing down? Or is the case that it is making some employees redundant but cannot afford to pay redundancy?


    Company closing down. Claiming they cannot pay notice period, holiday pay or redundancy as they are insolvent. I think a company in this position should have appointed a liquidator who would deal with claims for pay under Insolvency Protection Scheme but as they have not appointed anyone then a claim to WRC for pay may be the correct body to deal with it.


  • #11
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,774 Admin ✭✭✭✭✭hullaballoo


    Sounds a lot like a question I'd be asking my solicitor with expertise in the field of corporate insolvency.


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  • #12
    splinter65
    Registered Users, Registered Users 2 Posts: 9,420 ✭✭✭splinter65


    Captain Obvious wrote: »
    Company closing down. Claiming they cannot pay notice period, holiday pay or redundancy as they are insolvent. I think a company in this position should have appointed a liquidator who would deal with claims for pay under Insolvency Protection Scheme but as they have not appointed anyone then a claim to WRC for pay may be the correct body to deal with it.

    You simply fill the WRC complaint form online.Your complaint is that your former employer has not paid your redundancy holidays notice etc. Let them take it from there.


  • #13
    Captain Obvious
    Registered Users, Registered Users 2 Posts: 4,165 ✭✭✭Captain Obvious


    splinter65 wrote: »
    You simply fill the WRC complaint form online.Your complaint is that your former employer has not paid your redundancy holidays notice etc. Let them take it from there.


    But how far can they take it? They send a notice to the employer, employer responds stating they are insolvent and can't pay. Is the WRC then out of their remit? If they go any further are they not enforcing company law rather than employment law? Is there a list of legislation they can enforce?


  • #14
    splinter65
    Registered Users, Registered Users 2 Posts: 9,420 ✭✭✭splinter65


    Captain Obvious wrote: »
    But how far can they take it? They send a notice to the employer, employer responds stating they are insolvent and can't pay. Is the WRC then out of their remit? If they go any further are they not enforcing company law rather than employment law? Is there a list of legislation they can enforce?

    The WRC investigate your complaint. When they are satisfied that the former employer cannot pay what is owed to you then they will hand it to DEASP who will pay you instead. Eventually.


  • #15
    Captain Obvious
    Registered Users, Registered Users 2 Posts: 4,165 ✭✭✭Captain Obvious


    splinter65 wrote: »
    The WRC investigate your complaint. When they are satisfied that the former employer cannot pay what is owed to you then they will hand it to DEASP who will pay you instead. Eventually.


    But they can't force the company to comply with the requirements to appoint a liquidator or anything?


  • #16
    Peregrinus
    Registered Users, Registered Users 2 Posts: 26,998 ✭✭✭✭Peregrinus


    Captain Obvious wrote: »
    But they can't force the company to comply with the requirements to appoint a liquidator or anything?
    Their focus is not seeing that the company gets properly wound up; it's seeing that you get your entitlements.

    As a creditor of the company you are entitled to apply for the appointment of a liquidator yourself. But if you choose not to do that, the WRC won't do it on your behalf.


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