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Former Employer won't pay owed holiday pay, next step?

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  • 23-05-2013 3:57pm
    #1
    Registered Users Posts: 166,026 ✭✭✭✭


    Hi there, my former employer owes me for holiday pay covering a period of 14 months. My employment ended last December, and when I asked for it upon my exit I was told I that had to wait until April to claim it. Since April I've asked several times and being told its coming ''next week'' several times, in the past few weeks text messages asking when I'll be receiving it have been met with no reply.

    I'm at the end of my tether now big time and fell like I'm been given the run around, do I tell them I'm going to the Gardai or what?


Comments

  • Closed Accounts Posts: 9,438 ✭✭✭TwoShedsJackson


    Nothing to do with the Gardai. Tell them you want it sorted within a week or you're going to NERA.


  • Registered Users Posts: 3,332 ✭✭✭tatli_lokma


    Formally put a request in writing to the employer. Clearly state how many days you are owed and what period they cover. Tell them in the letter that they have 5 working days to make payment and otherwise you will be making a claim under the Payment of Wages act 1991 via the Workplace Relations Customer Services (formerly Information Services of the National Employment Rights Authority).

    Then send this letter registered post so you have proof of delivery. If you have no reply within the 5 days, make the claim. You need to get this sorted quickly as you have 6 months to make a claim for unpaid wages, and it is almost June so you cannot delay getting the claim in.

    details on where to make a claim and claim form are here:
    http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/pay_and_employment/leaving_work_without_being_paid.html


  • Registered Users Posts: 9,624 ✭✭✭wmpdd3


    Also you should have been paid any outstanding holidays in your final pay cheque, or at the most a month later.


  • Closed Accounts Posts: 5,943 ✭✭✭smcgiff


    Happened to my wife when she had a part time job while in college. That was with Dorothy Perkins, it was something like a week's basic pay. It ended up costing them a fortune as she has boycotted them since.

    NERA or the threat of it might be the way to go.


  • Registered Users Posts: 773 ✭✭✭capefear


    I helped afew friends over the years with similar problems. All your ex boss is doing is stalling your. As far as I remember you only have six months to claim for unpaid wages ( I can't remember the timeframe but I think its six months) with the rights commissioner. Go to lrc.ie and search for payment of wages form, fill it in ASAP and get it in the post to them. They then send a letter to your employer notifying him of your grievances, if your employer is going to pay it he will then, if he not going to pay it then you get to go to a hearing.

    Just remember at the end of all this you could get a judgement in your favour and the boss still might not pay you, but most do as they don't want there names in the local paper. Pm me if you want to chat about it.

    But don't waste time dealing employer now just go straight to rights commissioner.


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  • Registered Users Posts: 11,907 ✭✭✭✭Kristopherus


    OP, make sure you have got any references,etc from them before you set NERA on them.


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