Got no Redundancy - Boss wont pay it - Limited Company

ciaramc

Hi, I was redundancy almost a year ago. I worked for the company for almost 2 and half years. The company was a limited company and is now closed. I wasnt paid wages for nearly 4 months, I eventually got most of the wages after about 6 months waiting and almost daily asking for them. I sent off my claim for redundancy and no notice of been made redundant in september to Nera. I just got a letter a few weeks ago to confirm from Nera that they received my claim form. When I sent off the form in September Nera said it would a year for the court hearing. Another former employee of the company, was in contact with the owner of the company. He said he is not going to pay us.

My question is: As the company is now closed, will I be able to still get Redundancy? Also as it was a limited company will I be able to get Redundancy?

Any help is much appreicated, Thank you.

wmpdd3

If it goes to court, there will be a court order for payment. Its up to the sherif to deal with non payment.

gerrycollins

any money owed to staff members following the closure of a business(especially a limited company) is dealt with in two ways.

1. Wages, either paid by the company eventually or from a PRSI slush fund to which the application is made to from the appointed liquidator of the company.

2. Redundancy, if the comapny cannot pay up the redundancy payment then the directors of the company can make an application to another different fund. This process can be completed in a few minutes per staff memeber on line however the process did take over a year to complete however it is now getting a little bit shorter. The application can be made without the liquidator appointed however the company becomes liable for a bill of 40% of the total redundancy amount paid out tot eh revenue and this might deter the directors from making the application.

micdug

It's all here. Basically the state pays 60% of your redundancy. Normally this is through the firm as Redundancy is a statuatary entitlement. However, if the firm goes bust you can apply directly using the link on the page above.

A LTD firm means limited liability i.e. your Boss is not personally liable for debts incurred by the business. So you can't pursue him personally for your redundancy. As long as the company is trading it has to provide your statuatory entitlement. However if it is insolvant it can get very tricky - the short of it, you might find your redundancy is delayed until the firm is liquidated.

ciaramc

Thanks all for your help and advice. It is really helpful.