# who pays redundancy when no liquidator is appointed?



## gaf1983 (22 Nov 2011)

Hi all, to summarise myself and my former colleagues' situation, we were all made redundant 11 weeks ago when our company ceased trading. At the time it seemed like a liquidator would be appointed, so we all completed RP50 forms and gave them to the individual who it was thought would be appointed liquidator. Two weeks after we were told of the liquidation, we were told that no, the company wouldn't actually be going into liquidation. 

However, it has ceased trading. Technically it is probably in receivership, but it is unlikely that it will revive as a business as it has been completely shut for over two months now.

The Department of Social Welfare told me that they haven't received any RP50 forms of myself or my ex-colleagues.

11 weeks later, and no liquidator has been appointed yet. It seems unlikely that the company/directors will pay to appoint a liquidator, as they would appear to be utterly insolvent. Are they under any obligation to appoint a liquidator?

Does anybody know who pays statutory redundancy in cases like this? We have already written to the directors asking if they plan to begin the liquidiation process, but we have received no reply from them yet.

What do you think our next step should be should we receive no reply about the directors' intentions?


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## Ildánach (22 Nov 2011)

The obligation to submit RP50 forms lies with the employee if you want paid by the Department of Social Protection.  If your  employer hasn't submitted these yet, then you can serve him with an RP77  to say that you haven't been served with appropriate forms or received  your money, and then bring proceedings in the Employment APpeals  Tribunal if he doesn't respond to your request within a reasonable time.


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## onq (22 Nov 2011)

, was your first sentence meant to say

"The obligation to submit RP50 forms lies with the *employer*..." ?

Otherwise I don't follow where the next sentence is going with the service of an RP77.


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## gaf1983 (22 Nov 2011)

Thanks Ildánach and onq, yes I had presumed that if we don't hear a response we'll have to serve the directors with an RP77 form. 

How long is a reasonable time? Would it be reasonable to submit the RP77 forms by Registered Post and then ask for a reply within 5 to 10 working days?


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## jack2009 (16 Feb 2012)

Hi Gaf1983, 2 weeks would be considered reasonable.


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## Ildánach (20 Feb 2012)

onq said:


> , was your first sentence meant to say
> 
> "The obligation to submit RP50 forms lies with the *employer*..." ?
> 
> Otherwise I don't follow where the next sentence is going with the service of an RP77.



The *obligation *is with the employee, but often the employer does  submit the form on behalf of the employee as it has to be accompanied by  financial information that only the employer has access to.

If the employer fails to submits the form, despite saying that he would,  and the time limit expires, the employee can find himself without a  payment.

People should make sure that they get a copy of the RP50 for themselves,  and if they are relying on the employer to submit the form to the  Department, to check with the Department to make sure it has actuallly  been submitted.

Redundancy Status Queries - 1890 800 699


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