T
Tattouna
Guest
I worked for a company, which I founded with two other partners, for 8 years. Due to bullying by one partner to gain 51% control and his attitude, I ended up leaving the company in Nov '08 having not been payed my monthly salary for some months (I was paying PRSI/PAYE contributions).
I now have a case against the company, as an employee, running through the Payment Of Wages Act 1991 - seeking region €23,000 in unpaid salaries, prior to me formally resigning from the company on 31st Jan 2009.
My former companies solicitor argument is that as 'proprietary director' (32% stake), I am not an employee. The rights commissioner has asked both sides to submit their arguments on both sides.
We had a head office, held weekly meeting chaired by the MD, worked full weeks (I averaged 66.5 hours per week for the company in '08), was paid mileage & general expenses by the company etc. I was clearly employed and paid monthly by the company for six years...
What is my formal status? My understanding that regardless of directorship or shareholder status, the formal working structure I was clearly under would class me as an "employee". Can anyone clarify?
Secondly, I believe that "propietary and non-propietary director" are Revenue terms and relate to tax status only. Therefore, surely my civil rights under any Payment Of Wages Acts or other Acts cannot be compromised?
Thanks a lot in advance for your advise...
I now have a case against the company, as an employee, running through the Payment Of Wages Act 1991 - seeking region €23,000 in unpaid salaries, prior to me formally resigning from the company on 31st Jan 2009.
My former companies solicitor argument is that as 'proprietary director' (32% stake), I am not an employee. The rights commissioner has asked both sides to submit their arguments on both sides.
We had a head office, held weekly meeting chaired by the MD, worked full weeks (I averaged 66.5 hours per week for the company in '08), was paid mileage & general expenses by the company etc. I was clearly employed and paid monthly by the company for six years...
What is my formal status? My understanding that regardless of directorship or shareholder status, the formal working structure I was clearly under would class me as an "employee". Can anyone clarify?
Secondly, I believe that "propietary and non-propietary director" are Revenue terms and relate to tax status only. Therefore, surely my civil rights under any Payment Of Wages Acts or other Acts cannot be compromised?
Thanks a lot in advance for your advise...