# Key Post: Soon to be Unemployed



## Marion (5 Nov 2002)

Hoping that some of you genius's my be able to advise me on my current employment sitution,

I am 36 years old and have been employed by my current company for the past 13 years 9 months, for the past three years things have been tense between myself and my employers (I have been bullied and accused of everything under the sun, e.g. running a business in direct competition with them) in short they are nothing but bullies, I have seen many employees leave in my time there, many just walking without any notice. Last week I was called into a meeting and was informed in no uncertain terms that they wanted me to leave (Redundant). I was also told that they would find out how how much they would have to pay me and that they would be generous (Ha) if the original amount was small, I am still waiting. now my queries are:

• What are my entitlements from this company ?
• How do I manage my financial committments ?, as my       income will drop.
• How much would I expect from the dole as I am the main earner ? (Partner, 2 Kids, Mortgage etc.)

As I have been in full time employment for such a long time, and given the current economic down, I dont expect to pick up another job quickly and as such I have to expect that I am going to have some financial problems.


Many Thanks.

_Edited title to reflect Key Post. Tedd_


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## ClubMan (5 Nov 2002)

*Re: Soon to be Unemployed !*

Sorry to heard about your tricky situation.

You can find some details about statutory redundancy entitlements . Companies can also make non-statutory redundancy payments, some of which may be [broken link removed] but it doesn't sound like your company are going to be too generous in this regard if you are let go. Although you are still with the company it sounds to me (as a non expert!) that you could have grounds for  - have you thought of investigating this avenue?

In relation to managing you finances should the worst happen you should consider contacting the Money Advice & Budgeting Service and perhaps also browse the articles and message boards on The (UK) Motley Fool. Of course, feel free to post further general or specific queries here on AAM.

Assuming that you've being paying full (Class A) PRSI you should be in benefit and qualify for (non means tested) Unemployment Benefit should you become unemployed. You would most likely received a payment for yourself and any dependents. More details are available from [broken link removed].

Hope this information helps.


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## GeoffreyOD (13 Dec 2002)

*Being made redundant or being fired?*

Are they doing away with your role or just asking you to leave.  If they are asking you to leave then look into the area of unfair dismissals.


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## Elcato (13 Dec 2002)

*Re: Being made redundant or being fired?*

Statutary  Payment for under 41 yoa is half a weeks wages per FULL years service plus one weeks wages (one only - not per year). The tax exemption is €10,160 + €765 for each complete year of service with the employer. This includes any ex-gratia payments.
You can also claim a means tested mortgage allowance if unemployed.
Needless to say start looking immediately for a new job.
Hope this helps.
Elcato


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## Hope this might help (13 Dec 2002)

*Unfair dismissal*

Hi, sorry to hear about this situation to. 

Unfortunately this is not a unique situation. I have seen several organisations that regularly "churn" staff. This reflects extremely poor senior mgt. insight into the most valuable assets the company has.

Specifically in relation to your proposed "redundancy" I would have a few questions....
How were you selected for redundancy?
Are other people being made "redundant"?
Was it last in first out?
Are you unionised? If so was this a basis for selection?
Did you have annual reviews - have they historically been positive or negative?
"I have been bullied and accused" - have you times / dates?
"running a business in direct competition with them" - is this true?
"I have seen many employees leave in my time there, many just walking without any notice" - did any of these people take claims for bullying / harassment? 
Have there been other "redundancies" 

If you are having more discussions with this mgt. ask to have a rep (colleague / friend / priest / solicitor... anyone). Just get that person to note what exactly is put to you..... ask what is the basis for selection but don't get confrontational. 

Depending on the answers to the above you may have an excellent case....... the LRC and EAT frown upon bad behaviour by employers particularly where it can be shown that this is not a once off. You might be able to produce witnesses in the form of other former disgruntled employees to substantiate what you have said above.


Best of luck


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## MAC (16 Dec 2002)

*Came across this in todays paper*

www.whogotfired.com/


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## Firedup (26 Apr 2004)

*www.howgotfired.com*

Hi Mac,
This link no longer works. It is still available do you know?


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## JohnDung (26 Apr 2004)

*Re: Being made redundant or being fired?*

Statutary Reduncy is gone up to 2 weeks/year+1 bonus week =29weeks pay.   www.entemp.ie/index.htm www.lrc.ie/index.html I was quite shocked at the low level of compenation actually paid out by the labour court in cases shown in there database.


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## mmclo (23 Mar 2005)

*Re: Being made redundant or being fired?*

Certainly all means of testing the redunancy should be looked at. Often employers panick when they see an employee availing of the labour relations machinary and become very generous. Enterprise Trade and Employment website has good info. certainly constructive dismissal can lead to two years salary as compensation!! Look at the Rights Commisioner and Employment Appeaks Tribunal. 

All is not lost in this situation either, redundancy plus UB should keep most people with this level of service going for up to a year wihtout major loss of income.


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## Obi Wan Kenobi (23 Mar 2005)

2 wks per year of service plus bonus week statutory redundancy - remember that the maximum weekly salary/wage is capped at €600 for this calc....


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## delgirl (26 Mar 2005)

*Re: Being made redundant or being fired?*

I know someone who was in the same situation last year and, if you feel the redundancy unfair, would advise that you seek some professional advice as soon as possible before making any decisions or accepting anything the employer offers.  

This person asked his employer to put the redundancy details in writing, then contacted his solicitor who engaged a very good barrister, expert in Employment law, and he received a very high settlement far above what the labour court would have awarded or his statutory redundancy entitlement would have been.  The words 'high court injunction' to prevent the redundancy were enough to bring the employer to the table where a deal was agreed.

He had a very strong case - there were no grounds for the redundancy i.e. the business was thriving, there was no misconduct of any sort, others who were employed later were being retained etc.

It's emotionally devasting being made redundant, particularly when you have a family to support, so get the experts to help you.


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## rainyday (26 Mar 2005)

Very interesting contribution, Delgirl.



> there was no misconduct of any sort,


Just one clarification - misconduct is not grounds for redundancy. Dismissal possibly, in serious circumstances, but not redundancy.


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## JohnDung (27 Mar 2005)

*2 years wages =?*

Its important to understand that the maximum of 2 years wages in unfair dismissal cases applies to ACTUAL loss of earnings in the first 2 years and the only way a person can get this is not to get any work for 2 years & prove to the Tribunal that there is a good reason for this. The tribunal can substract the new earning or the earnings that a person is likely to recieve to come up with a greatly reduced figure & then reduce it further by taken into account how much an employee contributed to his own situation."Where no financial loss has been sustained by the employee,
financial compensation may be awarded subject to a
maximum award of four weeks remuneration." Also take note,either side can appeal to circuit court.The Tribunal can & does occasionaly order reinstatement or re-engagement of an employee.

"16. MITIGATION OF LOSS 
There is a clear onus on all parties seeking compensation to mitigate
their loss to the satisfaction of the Tribunal. This might include, for
example, proferring evidence as to having made adequate efforts to
seek alternative employment, or to establishing that a subsequent
employment is remunerated at a lower rate. Typical documentary
evidence that is sought in these regards include job applications,
employment agency registrations, and current pay-slips.
It is important to note that the Tribunal does not compensate claimants
for damages relating to stress, personal injuries, defamation or
inconvenience."


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## stobear (30 Mar 2005)

*Re: >>Soon to be Unemployed - key post*

(Blank reply to fix incorrect date/sequence)


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## Unregistered (30 Mar 2005)

*Re: >>Soon to be Unemployed - key post*

Talk to an employment solicitor.  Many companies will make a settlement (including solicitors fees) to avoid publicity.  Also, a solicitor will ensure you get an excellent reference from your employer, which will go a long way to finding a new job.


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## Lemurz (30 Mar 2005)

*Re: >>Soon to be Unemployed - key post*

Talk to an employment solicitor.  Many companies will make a settlement (including solicitors fees) to avoid publicity.  Also, a solicitor will ensure you get an excellent reference from your employer, which will go a long way to finding a new job.


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## roker (17 Apr 2005)

*Re: >>Soon to be Unemployed - key post*

If you have a problem with your employer contact the "Rights Commission" This will not cost you anything for a hearing and enquiry. Also note that dole only last for 15 month, after that it is means tested.


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