Employement loss and rights

G

Gaetan

Guest
Hi.

I've looked on oasis and didn't find satisfaction to what I'm looking for.

My wife was working as a graphic designer in a design company and she was made redundant a year ago because the company was closing. She went to the citizen council office to know her rights because she was 8 weeks before maternity leave. They said that if the company was closing, this wasn't unfair dismissal. She got the minimum 2 weeks redundancy package.

We found out recently that the company is still trading under the same name. My wife is still looking for a job but the salaries being much lower than what she was earning, it wouldn't be worth it since the rates of the creche/childminding would be more expensive.

We feel the company got rid off their employees (3 in total) to get cheaper labour and this is not fair. Is there anything we can do against that company ?

Thanks in advance
Cheers
Gaetan
 
You should contact the DETE employment rights section and ask them for information about your wife's statutory rights in this situation. To be honest I don't think that there would be any comeback.

www.entemp.ie/employment/rights/
Employement loss and rights
 
Hi Gaetan,

Sorry to hear of your wife's situation.

Did the company retain any employees. If so how were they chosen. The rules surrounding maternity rights are rigourously enforced and she may have a strong case. You should contact a solicitor who has a good record in employment law.

ajapale
 
Ajapale,

All were let go. They had 3 employees. One receptionist/admin, one other graphic designer who was contracting and my wife. After they were let go, the employer was still giving jobs to the contractor who refused them.

The employers are a couple who are now in partnership with another company.
 
..

Redunancy is defined as folows:

"What exactly is a redundancy?
A redundancy situation arises where an employee's job ceases to exist, and the employee is not replaced for such reasons as rationalisation/reorganisation, not enough work available, the financial state of the firm, company closures etc."

In other words the JOB ITSELF no longer requires to be done - the person doing the job should not be a factor in determining whether a redundancy should apply. If it was the case that the work continued but was undertaken by another person, then a redundancy did not actually occur and the company can be taken to task. It certainly wouldn't be the first time this scam was tried to terminate employment for whatever reason, but at least now ther's a law against it.

If this is the case, your wife may also be able to claim to have been on the wrong end of an unfair dismissal, particulalrly given that she was pregnant at the time. The attached link refers:

www.entemp.ie/employment/...#dismissal
 
Redundancy RP 1 and RP 2 forms

Hi Gaetan,
Did your wife get an RP 2 form? Did the company issue an RP 1 form? The company can claim back a significant proportion of the redundancy costs. But it must declare on the form the reason for the redundancy. If you have a copy of the forms check out what was the reason given. If it says that the job no longer exists and you can show that some contractor is now doing the job and that the company is still a going concern then it might be worth persuing.
ajapale
 
Redundancy RP 1 and RP 2 forms

first of all,

Thanks for your replies. She indeed got the RP-1 and RP-2 but only got the RP-3 form with the cheque.

They tried to scam her with giving 1wk/year of service but she knew she was entitled to 2 wks/yr

We will definitely pursue on this matter and we'll let you know

Thanks again
Great forum as usual
Gaetan
 
Need solicitor's advice

Hi again,

Would you have any advices on a solicitor with strong employment law background ?
Also, is this worth pursuing considering the legal cost we'd have to pay ?

It's been 15month and and a complaint form to the rights comissioner has to made within 6 months. At this time, we were thinking of other things with the arrival of the baby.

Thanks again for your precious advices.
Regards
Gaetan
 
..

If it was the case that you only recently became aware that the company scammed you, then the six months might apply from then. The fact that your wife was pregnant at the time might also offer her greater flexibility. Check with the Dept of Ent, Trade and Emp.
 
Worth pursuing

A colleague of mine has been in the same situation and told me to write to the rights commissioner. basically, we have enough evidence to show this is an unfair dismissal.

We want to teach them that their practice is illegal. My wife has been working overtime and finishing late in the evening to save the company's financial situation and she's been faithful to them for over 3 years.

If the rights commissioner agrees this is an unfair dismissal, the company may be fined and will be blacklisted apparently in case this kind of practice occurs again.

Thanks again.
Regards
 
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If your wife is successful in her action through via the Rights Comm, she will most likely receive a monetary award - a fine as such doesn't apply.

Incidentally, if the rights comm refuses the case on the basis of expired time (as provided for by law), it's unlikely that an employment law solictor would have much scope for doing anything. Might be better to put it behind you and move on.
 
Worth pursuing

Skid,

the monetary award isn't the aim of all this.

It's been a pretty rough year for us. We had to move house (becuase of rent increase), had the baby, no sal. increase for the last few years, family death and sickness + other factors.

my wife was dedicated and faithful to them. She worked hard and late to deliver on time and was doing extra hours to save the company. The company was actually working better when the bosses were away on holidays

So, we won't be putting it behind us and move on. It's pay back time and teach some manners to ppl getting rich on being dishonest.

I hope you understand the feeling.

Gaetan
 
..

Gaetan

Apologies if I came accross as being insensitive.

My point was just that if, IN THE OPINION OF THE RIGHTS COMM, the period within which to object has expired, I suspect it would be very difficult for an employment law solicitor get a result on your behalf. The first question the judge would ask is why the normal statutory mechanisms hadn't been availed of. While the reasons you have already given here are no doubt reasonable in your mind, you run the risk that the judge won't think likewise (and this is a very real risk). If the case was to be thrown out for this reason, you might be liable for the other party's legal costs as well as your own.

In addition, as this would be a private civil case, a fine would not apply. While you say you are not interested in profiting from the experience, it would be rare (because of the expense and risk) to pursue a civil matter purely on a point of principle. However, if successful, a monetary award in respect of damages suffered would be the most likely outcome.

In circumstances such as yours, most people end up biting their lip and moving on - not because they are prepared to accept the position, but because of the expense and risk of going the legal route. Apologies for assuming you fit into this category.
 
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Skid,

Thanks for the advices. I will definitely take them into account.

Regards
Gaetan
 
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