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How to get my holiday pay?

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  • 27-05-2011 3:16am
    #1
    The Dreamboat
    Registered Users Posts: 11 ✭


    Recently I walked away from a job due to an unresolvable issue with my employer. I feel what occurred was a constructive dismissal as my boss/employer had confronted me in an unacceptable manner about my working practice. This was the second time in a year this had occurred and this time I walked without notice for good this time. What was unacceptable was that employer was intoxicated and borderline abusive.

    I have since tried via email to request my P45 and outstanding holiday pay for this year and days carried from last year(I understand that last years days may be at the employers discretion). He is refusing to sending me the requested items, I informed the tax office about my P45 and they have requested it through a P43 on my behalf but I'm not sure what to do about the holiday pay. I don't want to go down the legal route but I think I may have a strong case for constructive dismissal and I believe this would grant me holiday pay and redundancy.

    Does anyone think that threatening legal action metioning redundancy would help get my holiday pay?

    Please bear in mind I don't wish to go legal and my former employer is a quite volatile person that's probably capable of counter suing me for some ludicrous fabricated offence.

    Thanks in advance.
    Tagged:


Comments

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    #2
    Shelflife
    Registered Users Posts: 3,074 ✭✭✭Shelflife


    Did you give the notice that was stipulated in your contract?

    he still has to send on your p45, however if you just walked out you may have breached your contract and thus lose your entitlements.


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    #3
    Killed
    Registered Users Posts: 111 ✭✭Killed


    No matter what you are entitled to your accrued holiday pay, see www.employmentrights.ie


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    #4
    The Dreamboat
    Registered Users Posts: 11 ✭The Dreamboat


    I had no written contract of employment or any verbal discussion regarding notice, I figured it wouldn't matter in terms of my holiday pay anyway. I'm just not sure if I should threaten legal action over 8 days holidays, I might just forget about it and move on?


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    #5
    Killed
    Registered Users Posts: 111 ✭✭Killed


    Send a complaint to NERA, they'll look into it at no cost to yourself.


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    #6
    Eoin
    Registered Users Posts: 21,253 ✭✭✭✭Eoin


    Please don't ask about whether taking legal advice is a good idea here.

    Ringing nera sounds like a good idea; failing that you might be better off seeking professional legal advice as it sounds like a tricky situation.


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