# Redundancy - employer refuses to pay



## eimear25 (10 Jan 2012)

My dad took voluntary redundancy. He is only getting statutory payment but his employer isn't paying it. They haven't gone into liquidation or anything like that. Can they refuse to pay? They sent in the RP50 form and had Ticked "unable to pay". Does anyone know how long he'll be waiting to get his payment from the government? He doesn't have a clue & I suspect his payment might be delayed because of this.


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## Deiseblue (10 Jan 2012)

If you go to www.citizensinformation.ie & type " redundancy " in the search box you will find comprehensive info together with additional links.

Your father's company , if solvent , simply cannot plead inability to pay - they should be forced to provide audited accounts.


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## T McGibney (10 Jan 2012)

Deiseblue said:


> they should be forced to provide audited accounts.



Eh? Some 96% of Irish companies are audit exempt.


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## ClubMan (10 Jan 2012)

Any use?

[broken link removed]



> *What happens if an employer refuses to pay redundancy?*
> 
> The employee should first send him Form 77, applying for a redundancy  payment. If the employer continues to refuse, but agrees to fill out  and sign RP50 (redundancy Certificate), thereby acknowledging the _employee's right_  to a payment, as opposed to actually making the payment, the employee  can then apply to Redundancy Payments Section of the Department for  payment from the Social Insurance Fund (SIF). If the employer does not  even agree to signing Form RP50, then the employee can apply to the EAT.  If successful, they can firstly ask the employer again for payment. If  he again refuses, they can apply to Redundancy Section for payment from  the SIF. (source: DETE FAQ)


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## Deiseblue (10 Jan 2012)

T McGibney said:


> Eh? Some 96% of Irish companies are audit exempt.



Badly worded in the citizens information website then.

Perhaps it should read that Companies pleading inability to pay may be required to provide audited or unaudited Company accounts as appropriate.


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## ClubMan (10 Jan 2012)

Deiseblue said:


> Badly worded in the citizens information website then.
> 
> Perhaps it should read that Companies pleading inability to pay may be required to provide audited or unaudited Company accounts as appropriate.


Not badly worded as far as I can see - audited accounts are just an example of the sort of documentary evidence that may be required:

http://www.citizensinformation.ie/e...cy/redundancy/redundancy_payments.html#ld1a9a


> If your employer is unable to pay your redundancy lump sum, he should     sign the RP50 and submit a letter from an accountant or solicitor stating     he is unable to pay and accepting liability for the 40% owing to the Social     Insurance Fund together with documentary evidence such as audited accounts


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## The Pool Boy (10 Jan 2012)

Your father should be waiting around 4-6 months to get his payment. The company will have to prove an inability to pay you upfront. To do that they will have to provide copy accounts, letter from accountant and maybe bank statements.

The company will still be liable to the department for 85% of the cost from 2012(used to be 40%). They will still have to pay this back to the dept. enterprise, trade and innovation but can make an arrangment to pay this off over an extended time frame. This will happen separate to your dads claim. He won't have to wait on the company paying the government.

He will have to ensure his signed RP50 is submitted as soon as possible though.


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## DB74 (10 Jan 2012)

Deiseblue said:


> Badly worded in the citizens information website then.
> 
> Perhaps it should read that Companies pleading inability to pay may be required to provide audited or unaudited Company accounts as appropriate.



Companies pleading inability to pay ARE required to provide documentary evidence to the relevant Department.


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## eimear25 (10 Jan 2012)

Thanks for your replies. They rushed it in before end of last year due to the change in government rebate. They sent in the form for him. He just isn't the type to ask questions!! 

Hopefully he won't be waiting too long


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## Ildánach (12 Jan 2012)

A number of workers are now conducting sit-ins in their workplace when their companies are claiming an inability to pay.  Viva Cortex in Cork, and La Senza in Liffey Valley just the most recent examples.


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## Pope John 11 (12 Jan 2012)

Well, He could also draw himself up a placard and march up and down outside their premises or office as the case may be. Some papers may take up the issue. Naming and shaming them might get them to show a bit of respect to one of their former employees.


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