How do I get my redundancy paid?

K

kipkeno

New Member
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4
I was made redundant 2 years ago.
The company promised to pay redundancy plus the salary that had been unpaid up to that point.
Needless to say they did not pay.

I took them to the WRC and won the case.
They still did not pay

I took them to the District court and won the case.
They still have not paid.

Does anyone have any advice on what next steps could be?
Is it possible to place a note or charge on the Companies Registration details, stating that there is a court order against them?

Any advice is welcome.

Thanks.
 
Can you go through the redundancy payment scheme, still in operation with the DSP?

Redundancy Payment Scheme

The Redundancy Payment Scheme makes statutory redundancy payments from the Social Insurance Fund to an employee where an employer is unable to make a statutory redundancy payment.
www.gov.ie
 
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kipkeno said:
I took them to the District court and won the case.
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Did the judge/court not order them to pay or maybe register a judgment against them? If they did then presumably the company would be in contempt of court and there could be serious repercussions for them as a result of their failure to pay up? Did you have legal advice? If you did then what does your solicitor advise?
 
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OP - how much are you owed?

You can:
  • Register the judgment in the High Court. This will be picked up fairly quickly by banks and other lenders and this will put pressure on the company and may affect their credit rating
  • Publish the judgment in Stubbs Gazette. This will put more pressure on the company — suppliers, etc, will see this and it will be more dififcult for them to get trade credit.
  • If you are owed more than €50,000 (unlikely, since you took your claim to the District Court) you can serve a statutory demand on the company and, after 21 days, petition the High Court to wind the company up. That would cause the company very serious difficulties and it is likely that they would pay up within the 21 days so that you didn't have to petition the High Court (unless they are actually insolvent and that's the reason they haven't paid you).
 
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kipkeno said:
I should have stated that I was working with them for less than the 104 weeks to qualify for the RPS
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This is confusing, if you worked for them for less then 2 years, you are not entitled to statutory redundancy. Hence I presume it was an ex gratia payment they are making you?

Did the District Court provide an enforcement order?. That would be the next step.

Has any appeal been lodged by your ex employer?
 
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Thank you ClubMan.

They have ignored the District Court Order and the WRC order.

I think my next course of action is to register a Judgement against the via the High Court.

Thanks all for your assistance.
 
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