Trouble getting Redundancy payment

Irish-trucker

Hello all ,

I was made redundant in June ,in which my employer sent all employee's (all i knew of) a letter sayin that due to the tough times he was forced to close the business as the revenue had taken control and he was bankrupt.

I got a RP50 ,and sent it and all other relevant doc's to the Department.

About a week later i received a reply in the form of a standard reply letter and a new form a T-1A , the letter stated that my old employer had'nt provided enough proof he was bankrupt either from a solicitor or a accountant.
And now i had to fill in this form for it all to go to Tribunal.

I recently looked up the company on solocheck.ie and it says it's still operating !
Only from a different address ,an address that i know if my boss's home address.

What i don't know is where i stand ? If he's still operating the govenment won't want to pay me from the social fund .

How to i get my redundancy from him?
What should be my next step ?

or should i just send back the T-1A ? I wish i could get proper proof that he's still operating the company and let the department know .

As i am owed the guts of 5k .

I've been to the citizens advice beurau and they told me to phone nera but to be honest i did'nt get much info from them .

I'd appreciate any advice as i don't have alot of knowledge about this kind of thing.

Thanks,
John

Clauric

You need to check a number of things:

1. Is the company operating out of your boss' house the same company, with the same company number, etc.
2. He said that Revenue had taken control of the company, this is very unusual. They normally force liquidation/administration.

I would contact Revenue and ascertain the exact nature of what they have been provided with, in terms of the winding up of the company. If it turns out that the company has not been wound up, but is was just a ploy to get rid of all employees (as you seem to suggest), I would approach NERA and the Rights Commissioners. You might also need to speak to a solicitor.

gerrycollins

the form you got is like its says to force the issue to tribunal. its optional

if you can

firstly check out if the company is still trading, actually doing business. A company can be active/alive but not trading because of winding up process. They normally register with the revenue that they have ceased trading.

in this instance the company must prove they cannot pay your redundancy for it to be sent to the PRSI fund which the PR50 form is for. A 0 balance in the bank account is not enough, a letter from a solicitor or accountant usually suffices with the employer liable for 40% of the redundancy claimed.

the PR50 form was not yours to send in that should have been done by you employer as they have to sign it and fill in various information. Ive done it for my 20 staff.

as for the wait..... they are currently processing claims made in feb 10 so the wait is about 11 months

Irish-trucker

Thanks for the replies lads.

I phoned the CRO (register of company's) and they said that the company is still active.

The thing that makes me suspicious of his activities is that when you look up , the cro's site , i was made redundant on the 1st of July , But however ,on the of 7th of july , he changed the address of the company to his home address .

and on the 28th of july- there was a change in director's .

Clauric, you have it dead on what i think he was up to . From what i can make out it is the same company only working from him home address.

I might request the form off the cro that shows the change in company address after the date i was made redundant.

Cheers for the advice,
John

eejoynt

contact the ODCE office of the director of corporate enforcement and ask them can they advise
also on the basis of dont get mad get even

refer the case to the special enquiry branch of the revenue commissioners - post copies of documents to dublin castle

gerrycollins

fill out the form you got and start the process of tribunal.

Johncork

I've applied to the employment appeals tribunal about 2 months ago but just got my rp50 signed by my ex employer.should I cancel the EAT? How long will the wait be to get lump sum from social fund?Thanks

gerrycollins

Johncork wrote: »

I've applied to the employment appeals tribunal about 2 months ago but just got my rp50 signed by my ex employer.should I cancel the EAT? How long will the wait be to get lump sum from social fund?Thanks

you can let the appeal run its course but the wait currenly is about 9 months to a year from the date of the rp50 been sent to the fund. They are currently processing Feb/March 2010 claims with the payout anything up to 11 weeks after that from what Ive heard

LegacyUser

i just recieved my lump sum and i was waiting 11 months, so i wouldnt be counting on it till this time next year, and only got 40% lump sum.

Johncork wrote: »

I've applied to the employment appeals tribunal about 2 months ago but just got my rp50 signed by my ex employer.should I cancel the EAT? How long will the wait be to get lump sum from social fund?Thanks