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Redundancy notice

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  • 09-10-2018 4:18pm
    #1
    Captain Obvious
    Registered Users Posts: 4,165 ✭✭✭


    Finished maternity leave to find shop I worked in closed. No official correspondence from company for two weeks. No pay for two weeks. Have said they will send in forms for statutory redundancy but will not be paying notice or outstanding holiday pay as company is now gone. Is there anything worth going to a solicitor or wrc about?


    Also, does anyone have an idea what the current processing time for a statutory redundancy is?


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    #2
    _Brian
    Registered Users Posts: 18,574 ✭✭✭✭_Brian


    In fairness they can’t make you redundant while on maternity leave so they waited for you to come back.

    After that there’s nothing much to be done, if there is a liquidator make sure your incomract about what your owed.


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    #3
    daheff
    Registered Users Posts: 5,866 ✭✭✭daheff


    they could have had the manners to contact her about it though.

    Also wouldnt be so sure she couldnt have been made redundant because shes on maternity leave. if co is gone bust its gone.

    OP did your work colleagues not contact you to tell you about the shop going bust?


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    #4
    _Brian
    Registered Users Posts: 18,574 ✭✭✭✭_Brian


    Then there’s the snowflakes that would throw a hissy fit because they were contacted about redundancy during their maternity leave which as is right is completely protected leave.

    Plus, remember these people had a business go down the tubes, it’s been no fun for them either.


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    #5
    BrokenArrows
    Registered Users Posts: 7,498 ✭✭✭BrokenArrows


    Captain Obvious wrote: »
    Finished maternity leave to find shop I worked in closed. No official correspondence from company for two weeks. No pay for two weeks. Have said they will send in forms for statutory redundancy but will not be paying notice or outstanding holiday pay as company is now gone. Is there anything worth going to a solicitor or wrc about?


    Also, does anyone have an idea what the current processing time for a statutory redundancy is?

    You were not made redundant, the business has shutdown.

    You are legally owed the money for holidays etc however whether you get it will be totally dependent whether the company has any money left.

    You can speak to a solicitor to see what can be done, but if its just a couple of weeks pay then it would probably cost more to hire a solicitor then the money you would receive.


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    #6
    Captain Obvious
    Registered Users Posts: 4,165 ✭✭✭Captain Obvious


    _Brian wrote: »
    In fairness they can’t make you redundant while on maternity leave so they waited for you to come back.

    After that there’s nothing much to be done, if there is a liquidator make sure your incomract about what your owed.


    I'll have to try get their info.

    daheff wrote: »
    they could have had the manners to contact her about it though.

    Also wouldnt be so sure she couldnt have been made redundant because shes on maternity leave. if co is gone bust its gone.

    OP did your work colleagues not contact you to tell you about the shop going bust?


    Yes, a few weeks ago. I don't have much contact with them outside of work. Just happened to run into one.


    _Brian wrote: »
    Then there’s the snowflakes that would throw a hissy fit because they were contacted about redundancy during their maternity leave which as is right is completely protected leave.

    Plus, remember these people had a business go down the tubes, it’s been no fun for them either.


    They've taken care of themselves.


    BrokenArrows wrote: »
    You were not made redundant, the business has shutdown.

    You are legally owed the money for holidays etc however whether you get it will be totally dependent whether the company has any money left.

    You can speak to a solicitor to see what can be done, but if its just a couple of weeks pay then it would probably cost more to hire a solicitor then the money you would receive.


    Business being liquidated so not completely shut down yet. Shop is closed though. Am I right in thinking employees are bottom of the pile for debts though?


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    #7
    Rulmeq
    Registered Users Posts: 1,083 ✭✭✭Rulmeq


    Captain Obvious wrote: »
    Business being liquidated so not completely shut down yet. Shop is closed though. Am I right in thinking employees are bottom of the pile for debts though?
    Employees are preferenential creditors, so just after PRSI, but the same as the revenue commissioners (for non-PRSI taxes).*


    It's possible they didn't notifiy you until after the maternity period so that you were able to claim all the maternity benefits (or mabye I'm just being too optimistic, and they just forgot about you)




    *After any fixed charges, the ranking of claims is as follows:
    1. The costs & expenses of the liquidator.
    2. In a court ordered liquidation, certain other costs (e.g. the costs of the petitioner) rank ahead of the costs of the liquidation.
    3. Unpaid PRSI and other social security insurance contributions.
    4. Preferential creditors.
    5. Floating charge-holders.
    6. Normal (unsecured) creditors.
    7. Shareholders.


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    #8
    daheff
    Registered Users Posts: 5,866 ✭✭✭daheff


    _Brian wrote: »
    Then there’s the snowflakes that would throw a hissy fit because they were contacted about redundancy during their maternity leave which as is right is completely protected leave.

    Plus, remember these people had a business go down the tubes, it’s been no fun for them either.

    Somebody being on maternity leave doesn't stop the business going into liquidation.

    Its ridiculous to think you cannot tell somebody they are going to be made redundant (At the end of their maternity leave) while they are on the maternity leave.


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