Owed 6 weeks back pay

T

telco

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Hi

My husband was informed whilst we were on holidays last week that he was being let go ( by a co-worker- in same situation) we have been expecting this for some time so no surprise. He is due 6 weeks wages , holiday pay, and pay in lieu of notice ( his employer still has not given notice) and expenses. My husband went to sign on this morning and was basically told he had to get his p45 within the next 2 weeks

As his employer is impossible to get hold off , the accountant ( also due wages )is acting as a go between the workers and the employer. If he accepts the p45 will this jepordise his claim for unpaid wages ? ...or how will the date of redundancy and the amounts appear on the p45 ...what he was actually paid or what he should have been paid ( as he got payslips sent to him but no money lodged to his account)

any advice most appreciated
​
 
The employer has to issue employees with a P45 when leaving employment. If your husband has not received this, you go to Revenue and report them. If you dont receive back wages - the payment of wages Act 1991 kicks in. You can go to the Department of Trade Enterprise and Employment for advice and also take the employer to the Labour Relations Commission...its user friendly and you do not need legal representation in taking a case to the LRC. Also, is he a member of a trade union? Information can be got on [broken link removed]
 
There is also the Redundancy Payments Act 1967-2007. Payment of redundancy is payable on the date of cessation of employment. I'd get in touch with the Department of Trade Enterprise and Employment on this issue also.
 
Although I agree with annet that redundancy is payable on the date of cessation of employment, it doesn't always work like this. The company I work for was letting people go but experiencing some cash flow issues and while we were not trying to get out of paying for redundancy, we simply could not pay it at the time. I contacted DETE to see if this was okay and they told me that while technically it should be paid on the last day of employment, if we did not pay it, the employee would have to take a case to the LRC, which would take approximately 6 months, so as long as we had made the payment before the case came up, we would be okay. We did manage, with the employees agreement to get everyone paid in about a 6 week timeframe.
 



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Like Nutso said... some employers may have cash flow problems.... The Department does in part refund the employer the Redundancy payment that is paid to an employee.... and in this economic climate there is a backlog of applications... quicker when done online though. But in saying that - an employee is still entitled to receive a P45 irrespective of a companies cash flow problems.... otherwise the employee cannot sign-on.
 
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