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Company's liquidation and EAT determination

  • 24-02-2014 10:44am
    #1
    Christine82
    Registered Users, Registered Users 2 Posts: 1 ✭


    Hi guys,

    On the 31 October 2013 my husband has received the Employment Appeals Tribunal determination but the money that his former employer owes to him still haven't been paid. The matter has been reported to the National Employment Rights Authority- it's going very slowly with them...

    I just noticed that the company has been put into liquidation and a creditor meeting is to take place tomorrow.

    Is there any action required from his side? Does he need to attend to a creditor meeting to be added to the creditors list and have a chance for his money to be paid? As we no longer reside in Ireland it may be difficult for us to deal with this case.

    Can you please advise if he needs a practitioner and what kind of costs may be involved.
    Tagged:


Comments

  • #2
    Bepolite
    Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    Employees are priority creditors in some situations but it can be a complex area. I'd get on to a solicitor ASAP.


  • #3
    Peregrinus
    Registered Users, Registered Users 2 Posts: 26,998 ✭✭✭✭Peregrinus


    The have a responsibility to identify the company's creditors. Creditors shouldn't have to turn up and claim.

    Having said that, the records and affairs of companies approaching liquidation are often not in apple-pie order, and the liquidators can't work miracles. It is wise to contact the company and notify them (in writiing, keeping a copy) of your claim. You shouldn't need a solicitor to do this. You do not have to attend the creditors' meeting.

    If the EAT award represents compensation for unfair dismissal, it should be treated as a preferential claim, meaning that you will get paid before the ordinary unsecured creditors (but after the Revenue and anybody holding a charge over the company's assets. If it represents anything else, it may rank as an unsecured claim; I'm not sure about this. You may need a solicitor if there is going to be any dispute about where you come in the order of priorities.


  • #4
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    There is an Act for that, http://www.welfare.ie/en/downloads/employer_representative_guide.pdf

    http://www.irishstatutebook.ie/1984/en/act/pub/0021/sec0006.html#sec6

    http://www.irishstatutebook.ie/1984/en/act/pub/0021/index.html

    There have been amendments since 1984.

    But the important bit "the Minister shall, subject to this section, pay to or in respect of the applicant out of the Redundancy and Employers' Insolvency Fund the amount which, in the opinion of the Minister, is or was due to the applicant in respect of that debt."


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