Redundancy from co. in examinership question

[gc2006]

Hi there - I have a question from a friend of mine who is less computer literature and struggling to get an answer. Can anyone help?

Basically he has been working in a company on a permanent contract for 3.5 years. This company is currently in examinership, and let him go last week. He is getting his 4 weeks notice period (garden leave etc), but there has been no talk of redundancy. He was not fired, or given a warning, just let go as th factory he works in is down production wise.

Can people suggest where he could get his redundancy from? Does he have to wait until the company comes out of examinership and get his 2 weeks a year from them? OR from the government?

Also am I right in saying this 4 weeks notice period has nothing to do with redundacy? So should end up as 4 weeks pay PLUS 7 weeks pay (3.5 years @ 2 weeks per year)?

Cheers

 

[Brendan Burgess]

The Examiner will have to pay him redundancy.

He is entitled to 8 weeks pay (two weeks for each year + a bonus week).

If the employer does not pay, he can claim it directly from the Department. Check out the Departments Guide to Redundancy

30. What happens if an employer refuses to pay redundancy?

The employee should first send him Form 77, applying for a redundancy payment. If the employer continues to refuse, but agrees to fill out and sign RP50 (redundancy Certificate), thereby acknowledging the employee’s right to a payment, as opposed to actually making the payment, the employee can then apply to Redundancy Payments Section of the Department for payment from the Social Insurance Fund (SIF). If the employer does not even agree to signing Form RP50, then the employee can apply to the EAT. If successful, they can firstly ask the employer again for payment. If he again refuses, they can apply to Redundancy Section for payment from the SIF. Payment will only be made out of the SIF once proper documentation has been received from the employer showing they are not in a position to make the redundancy payment.

Brendan
www.survivingredundancy.ie

 

[gc2006]

Ok so - I rang him and he thinks the co. is due to have a hearing in the next few weeks and may come out of examinership. He's worried that he might fall between the stools and no one (the company, the examiner, the state) will end up paying this. He's actually on his months notice period now, and won't be officially redundant for another 2 weeks.

So what is the best course of action then - wait until he is officially redundant or persue now?

Also, in relation to the 8 weeks, is that on top of the 1 months notice he is getting?