Boss is not paying what is written in my contract!

Clauric

Noodles, it is terrible to hear what has happened. I suggest that you contact the ODCE and report your ex-boss. You would not be allowed to go after his new companies (Soloman vs A Soloman Ltd., 1897; and Roundabout Ltd vs Beirne). However, I would suggest that you go after your boss directly, if you can prove that he deliberately falsified records, or otherwise broke the law.

Please let me know how it goes, as I may soon be in the same position.

Noodles5

So I got some free legal advice today the guy told me if I get a "Special Order of the Court" I can go after my ex boss for the money.
I have several address belonging to him including his home address in the country!!!

Although it was recommended that I send the email threatening the complaint to the ODCE, may or may not work.

I may just need to get a solicitor now.... anyone any idea how much they cost??!

I rang the LRC and the sheriff who are to get back to me about what they think I should do...


BLAH!!!

Jo King

Noodles5 wrote: »

So I got my letter from the Ciruit Court today...
They said "Unfortunately we could not sign the affidavitt because the company could not be found on the CRO website."
They told me in the letter that I need to do more research into the title of the company, check payslips.

The companys name is lets say "Extremely company". On the CRO website it says "Extremely dodgey company". But on my payslips it says "Extremely company" and on the decision from the LRC it also says "Extremely company".

The circuit court cant give me an execution order unless the name on the decision is "Extremely dodgey company" so I have to go back to the LRC, get them to change the name of the company on the decision, go back to the Circuit Court ammend the execution order, re swear on the ammended affidavitt and wait 2 more months until they decide something else is wrong....!!!

Problem now is that on the CRO website "Extremely dodgey company" has been dissolved since Feb.
I rang the courts, they said they dont know what I have to do now, maybe ring the LRC and see if they can help.

I have the name of one of his new companys he set up (that does the same job) Same staff, operating out of the same building, but he has some random address down the country registered for the new company.


Im running out of patience at the moment, no one can help me. Giving up is not an option though. Im not sure what I can do, I will ring the LRC and the sheriff tomorrow but if they dont suggest any options then I dont know whats going to happen.

Is there any business registered as "extremely company"? If there is not you are dealing with an unregistered business name. The circuit court rules make provision for this .

Noodles5

Jo King wrote: »

Is there any business registered as "extremely company"? If there is not you are dealing with an unregistered business name. The circuit court rules make provision for this .

No theres not Jo King, what do you mean about them making a provision for it? What would I have to do?

Jo King

Your former boss does not have limited liability if he employed you via an unregistered business name. You can get the order of the LRC amended to BOSS's NAME name trading as Extremely company. That can then be enforced directly against the boss.

Noodles5

Jo King wrote: »

Your former boss does not have limited liability if he employed you via an unregistered business name. You can get the order of the LRC amended to BOSS's NAME name trading as Extremely company. That can then be enforced directly against the boss.

Really? (why didnt the guy I talked to from the Citizens Information Centre tell me that??!)
I'll ring the LRC tomorrow and see what they say!

Thanks for the info...

Noodles5

Is this what you are saying Jo King? I just found it on the courts website....
I contacted the LRC and they will get back to me in a couple of days!!


"7. Any person carrying on business within the jurisdiction in a name or style other than his own name which is not registered pursuant to the Registration of Business Names Act, 1963, may be sued in such name or style; and the plaintiff in such cases may apply by Notice of Motion to the Court for an Order directing the person who appears to have control or to be managing such business to furnish the name, description and place of residence of the person who at the time of the accruing of the cause of action was carrying on the business as aforesaid, in such manner and verified upon oath or otherwise as the Court may direct.

8. In all cases to which Rule 7 of this Order applies service of a Civil Bill or any other document may be effected by service in the manner provided by these Rules on the person carrying on business or on such person who at the time of the service appears to have control or to be managing the said business, at the place where the said business is carried on. Such service shall be deemed to be good service upon the person sued whether or not that person is out of the jurisdiction and no leave to issue the Civil Bill or other document shall be necessary.

9. In so far as the nature of the case will permit, all rules relating to the proceedings against firms shall apply to all cases to which Rule 7 of this Order applies."

Clauric

Any update on this case?

Noodles5

Hi Clauric,

Yup, I found out the other day my boss appealed the decision by the rights commissioner.

I will get forms from the employment appeals tribunal in the next month but they reckon the case wont be until June / July next year.

This is absolutely crazy.

He obviously appealed it because he doesnt want to pay!

Mervin J Minky

Hi Noodles5,

I don't mean to sound condensing but didn't you check with EAT 6 weeks after you received the Rights Commissioners decision? It seems strange that this has only been discovered now, nearly 6 months after the decision had been made, considering that your boss had only a 6 week time frame to appeal. Was it anything to do with the wrong name being on the Rights Commissioners decision?

Anyway, that is really bad news, I am so sorry to hear about your constant misfortune with this process The entire labour relations system here needs an overhaul it seems because there seems to be too may loop holes that cowboy employers can exploit.

Mervin J Minky

Sorry to hijack your thread again but I just want to let you know that you are not the only one frustrated at the moment, I heard off an ex work colleague that my former employer is looking to wind up his company pretty soon so I might not get a cent of the money that he owes me.

Plus to make matters worse, I was told by the Sheriff's office that they have a 3 month waiting list so my Execution Order won't be implemented until February at the very earliest. Plus that is not taking into account my ex-boss ignoring them and them being forced to send a bailiff after him. Btw 3 months to send a bloody letter sounds totally ridiculous to me!

So pissed off :mad:

Clauric

Hey. Just wondering if there is any update from JoKing or Noodles?