How much is your claim for?
I don't think you should be spending this amount of money on an LRC hearing. If I remember correctly, either side can appeal the decision to the Employment Appeals Tribunal. If the case goes to the EAT, you might want to start spending money then.
You don't need a payroll expert as such. Have you set out your claim clearly? This should be relatively straightforward. If the contract says you get paid €5,000 a month, and they paid you €4,000, why do you need an expert?
Is your former employer likely to pay any award made against it?
Hi eCubation,
If you are in the Dublin area I can recommend somebody who is excellent and a fair dealer. Please contact me privately for details.
Browtal
To date, as far as I can determine, the claim is for about 20K and that's made up of underpayment of salary, underpayment of pension, overpayment of tax, PRSI, health Levy, USC and BIK.
Also, my employer didn't pay any BIK for any employee from 2007 up until April 2009.
.
Hi eCubation,
if you e mail
rmn@eircom.net and mention this site you should be able to get some help.
Browtal
You seen to have a contradiction here did they over pay the BIK or not pay it at all. If your BIK was under declared then if they amend the P60 the overpayment in taxes would be reduced or may balance out.
Overpayment of tax PRSI Income Levy and USC can be dealt with by the Relevant department Revenue or Social Welfare you have 4 years generally to reclaim this. Have you made claims with them.
I find it hard to understand how you have clocked up 6k in legal fees and then you are told that you don't have a firm foundation for your case.
Are you covered by a Registered employment agreement? Or is it your contract rate is different to your actual rate.
Ok so back up the bus.
You had an employment agreement with your employer which stated that you were to be paid X per annum and then a commission based on sales with a specific method for calculation. This is an undisputed fact.
I presume that you received you basic pay?
So the dispute is over the commission. Have you accurate records of your sales per commission period? Have these levels been disputed by your employer.
overpayments of BIK by me, overpayments of tax by me, underpayment of tax credits, overpayment of USC/Levies, overpayment of PRSI and therefore underpayment of NETT salary ....all this dating back to 2009.
Did you reclaim from Revenue a refund of these net overpayments, within the 4 years permitted for such claims?
I think NERA would have been a much better starting point. BIK on the years prior to 2009 will give rise to a PAYE/PRSI/Income Levy liability.
Had a much longer reply done but the WIFI on the train dropped when I went to post it.
Start with the BIK. If its not on your P60 and should have been then you have a benefit that has not been taxed, to correct this you have to increase you income and therefore have more PAYE/PRSI/Income Levy but that is beside the point.
Start at the beginning. You say that your gross pay is understated. Well that's not really some thing that you need a payroll expert for, you sold X units and are due Y.
The total is Z and is due to you. It will be paid in 2014 so will be subject to PAYE/PRSI/USC in 2014. You can go back and allocate it to the relevant year yourself.
BIK: The BIK on VHI is the amount of the premium paid plus the Tax relief at source. You must have the payslips for these months on the basis that you know it was computed wrong. I would have thought that if you have the payslips and the net premium paid that as part of your reallocation of the income over years can wash this out.
Now the illness benefit, Your employer paid you while you were out sick and the agreement was that you would reimburse them for the illness benefit that you received. But they included the amount as a deduction from your net pay as if you were not giving it to them. Were they under an obligation to pay sick pay is it in your contract, is it paid to all staff. Given that they appear to be incapable of operating a payroll system it seems generous to pay it.
Having said all that I assume that you have recomputed the PAYE/PRSI/Income Levy and USC for each of years in question. An over complication in my view.
Dealing with Revenue on a day-to-day basis I would have thought a letter from them to your employer would have moved this along without having to go to the LRC.
Thanks Joe_90 for the comprehensive response
Now sure if you went with poster Browtal's expert, but if you didn't just so you know Joe 90 is an accountant, maybe you could hire him for a mutally agreed fee. Cannot be that difficult for an accountant to figure out the calculations.
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