Are company directors liable for promises/assurances given

PDD

Hi Folks,

I was wondering if someone here could provide some advice on how to proceed in the situation below. I have recently completed a course as part of the springboard program which included a 6 month unpaid work placement and toward the end of my work placement with the company I was asked to stay on beyond the required 6 months to finish out a large project. The company and I came to an agreement that I would be given an ex gratia per diem payment for the time spent working beyond my 6 month finishing date (this was initially agreed to be either the purchase of a laptop or One4All vouchers) This was negotiated with the MD directly and after the large project was finished I took up an offer of employment from the company. When I requested it I was consitently told that it would have to wait until next month, I have now finished up with the company and they have refused to pay me for the 4 weeks that I spent working beyond my work placement finishing date. I have all of the above agreed via email and have copies of said emails.

As it is an ex gratia payment to the best of my knowledge it is not covered under employment law but I have a vague recollection of the law being changed in the law few years where a company director is liable for an commitments or assurances given by them - is this correct or have I misinterpreted something.

Holding the MD to stand over their commitment would appear to be my only avenue for receiving the payment promised to me as the MD has refused to honor the agreement and has even gone so far as to allege that as I did not take holiday days within the 2013 work year that I am not entitled to these holiday days (and yes I know that withholding of holiday days is illegal under The Organization of Working Time Act 1997). While I have no doubt the company will eventually pay me the owed holiday days (as not to do so is blatantly illegal) I am wondering should I contact a solicitor with regard to the mater of the ex gratia payment? I am hoping that solicitors letter will resolve this rather than having to take it any further.

Also the amount is relatively small and could easily be consumed by solicitor's fee's - is it possible for me to ask for the payment of costs by the company?

Any and all feedback or advice on this matter would be greatly appreciated.

Dave

Peterdalkey

you might get more help over on the work and jobs forum http://www.boards.ie/vbulletin/forumdisplay.php?f=1052.

PDD

Hi Peter,

Many thanks for the suggestion, much appreciated. I have posted the question there also and will keep the two threads updated as with many boards threads they can become an invaluable source of infrormation.

Dave