Employer hasn't paid salary for almost 2 months

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Hi Tonash,

Sorry to hear of this worrying problem especially in light of your mortgage.

This previous thread makes reference to contacting the Dept. of Enterprise Trade and Employment @ 1890 220 222

Best of luck with your endeavours and hope things are sorted to your satisfaction.

P.S. IMHO it would be best to leave the legal route alone for the time being as it will only add to your financial problems.

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I was in a situation a few years ago, where our company didn't pay us properly over the course of 12 months. They initially didn't pay us for 6 weeks, then they starting paying us irregularly, at the end of it, we were approximately three to four months behind. Lots of promises, make it up etc. It put enormous pressure on me and people close to me. Your self-esteem goes way down and being rational becomes more difficult.

At the end, the company went into liquidation. After this, we ended up getting some money back through the labour tribunal. Your situation might be different but loyalty does not pay any bills. Not getting paid generally means that creditors, the revenue and others are not getting paid either.

I am not being harsh but think the most important rule is that don't get paid friday, you have no obligation being there monday.

Would start looking at other employment opportunities.

Would agree with Canman. Your employer's job is to make sure the employee gets paid. If this isn't done, your employer is in breach of contract...................Assume the company will go bust and start looking for other work. If it doesn't go bust and finds fresh funding from its investors or elsewhere, then its a bonus.

Tonash

It's a tough one.

If they don't have money, they can't be forced to pay. They will have to be put into liquidation if it's a company. If it is a sole trader or partnership, you will still have a claim against them personally unless you go bankrupt.

Look around for a new job. But don't jack in your current job until you get a new job. Your employer might get things sorted.

Brendan

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Tonash said:

Thanks everyone for advise.

I presume even though it will then be him breaking his contract that he'll still be entitled to everything hes due???

Click to expand...

Yes

Thanks Capaill

Hi Tonash,

I have made enquiries elsewhere and understand that the following applies in this situation:

"As your partner has not lost his job and and is therefore most likely not 'available for work' he appears to be in a temporary situation that is likely to resolve itself in either redundancy or a return to employment. Given he has not lost his job this would probably preclude him from claiming Unemployment Benefit.

However, another option which may be open to you both would be to pay a visit to your Community Welfare Officer to enquire about seeking Supplementary Welfare Allowance. It's worth €165.80 per week.

You should be able to get a legal opinion on this matter by contacting your nearest Free Legal Advice Centre. All advice and information is provided by trained solicitors and it's all free. Contact information for the next Free Legal Advice evening is available from your nearest Citizen Information Centre or directly from FLAC on their website here: http://www.flac.ie

A useful guide to the employment rights of anyone in Ireland is also available free of charge from your nearest Citizen Information Centre. It's called 'Employment Rights Explained' and contains an entire chapter on redundancy situations and other chapters on losing your job, etc.

The Employment Rights Unit at the Department of ETE are a useful source of information and advice. You should be aware that all contact with them is confidential". This is the recommendation that I made above from a previous AAM thread.

Hope this helps.

Sueellen.

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Not exactly the same situation, but i once worked for a company where they lost in a bid for a new contract that they had been banking on. They let all 50 staff 'go' the day before monthly salaries were due. We were never paid the money by the company; apparently, once the contract is breached by either party (in this case by them not paying us on the appointed date), then the contract as a whole is null and void.
We eventually got some of the money due through the liquidator / government compensation scheme (i'm sorry i don't remember the official term for it) but this was capped at around €350 a week regardless of what the salary was.
This took about 18 months to be processed i think, and the lovely part was that we received a letter with the cheque which stated what every other employee had been earning and what they were getting in that payment - fun and games!
All this to say, that if they don't pay up following this court order, that all is not lost, but it will be a long wait if they shut the doors, and he is probably better off looking for something else regardless.