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Cheated out of Redundancy???

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  • 09-03-2010 10:33pm
    #1
    Dodeka1
    Closed Accounts Posts: 1 ✭


    Hi,

    My employer told me in January to start looking for another job as come the end of March if things didn't pick up I would be made redundant. He then started putting a lot of pressure on me to find another job and in the mean time outsourced me to other companies. I told one of these companies about my situation and they agreed to take me on in April 3 days a week with the full knowledge of my current boss.

    I assumed I would still be entitled to redundancy but my boss has now said as I have a new job lined up I am not entitled to redundancy??? In my opinion I have set up work for April but if I was not being threatened with redundancy I would not be going.

    Who is right here as I feel like I have been cheated out of what I am entitled to and my current boss is being very underhand about the whole thing? All opinions welcome.


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    #2
    djk1000
    Closed Accounts Posts: 899 ✭✭✭djk1000


    Hmm, tough one, you'd need to get some proper advice on this, but my take on it would be that you wouldn't be looking for or accepting other work had your boss not told you to, so it could be a form of constructive dismissal since you were being pushed out the door. You were effectively put on notice of redundancy.

    I'd say your boss is stuck for money and trying anything to get around this.

    Your boss can apply to get 60% of the statutory redundancy he pays you refunded by the state, he may not know this. Here's a linky http://www.redundancy.ie/employers/keyinfo/taxrebateandpay.html

    Talk to him, point out that he'll get a rebate, tell him you feel hard done by, tell him that you don't want to have to take this further, hopefully he'll see that paying up is the cheaper easier option.


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    #3
    Godge
    Closed Accounts Posts: 21,727 ✭✭✭✭Godge


    If you haven't submitted your resignation in writing, tell him you are considering rejecting the other job and staying with him as if he isn't making you redundant, your job must be secure and you are happy to stay on.


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    #4
    hinault
    Registered Users Posts: 5,932 ✭✭✭hinault


    Godge wrote: »
    If you haven't submitted your resignation in writing, tell him you are considering rejecting the other job and staying with him as if he isn't making you redundant, your job must be secure and you are happy to stay on.

    I agree with this.

    The OP hasn't resigned from his original job - and he/she hasn't taken up the new role.

    Therefore he/she is in the exact same situation as he/she was in January 2010.


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