who pays redundancy when no liquidator is appointed?

G

gaf1983

Guest
Hi all, to summarise myself and my former colleagues' situation, we were all made redundant 11 weeks ago when our company ceased trading. At the time it seemed like a liquidator would be appointed, so we all completed RP50 forms and gave them to the individual who it was thought would be appointed liquidator. Two weeks after we were told of the liquidation, we were told that no, the company wouldn't actually be going into liquidation.

However, it has ceased trading. Technically it is probably in receivership, but it is unlikely that it will revive as a business as it has been completely shut for over two months now.

The Department of Social Welfare told me that they haven't received any RP50 forms of myself or my ex-colleagues.

11 weeks later, and no liquidator has been appointed yet. It seems unlikely that the company/directors will pay to appoint a liquidator, as they would appear to be utterly insolvent. Are they under any obligation to appoint a liquidator?

Does anybody know who pays statutory redundancy in cases like this? We have already written to the directors asking if they plan to begin the liquidiation process, but we have received no reply from them yet.

What do you think our next step should be should we receive no reply about the directors' intentions?
 
The obligation to submit RP50 forms lies with the employee if you want paid by the Department of Social Protection. If your employer hasn't submitted these yet, then you can serve him with an RP77 to say that you haven't been served with appropriate forms or received your money, and then bring proceedings in the Employment APpeals Tribunal if he doesn't respond to your request within a reasonable time.
 
, was your first sentence meant to say

"The obligation to submit RP50 forms lies with the employer..." ?

Otherwise I don't follow where the next sentence is going with the service of an RP77.
 
Thanks Ildánach and onq, yes I had presumed that if we don't hear a response we'll have to serve the directors with an RP77 form.

How long is a reasonable time? Would it be reasonable to submit the RP77 forms by Registered Post and then ask for a reply within 5 to 10 working days?
 
onq said:
, was your first sentence meant to say

"The obligation to submit RP50 forms lies with the employer..." ?

Otherwise I don't follow where the next sentence is going with the service of an RP77.
Click to expand...

The obligation is with the employee, but often the employer does submit the form on behalf of the employee as it has to be accompanied by financial information that only the employer has access to.

If the employer fails to submits the form, despite saying that he would, and the time limit expires, the employee can find himself without a payment.

People should make sure that they get a copy of the RP50 for themselves, and if they are relying on the employer to submit the form to the Department, to check with the Department to make sure it has actuallly been submitted.

Redundancy Status Queries - 1890 800 699
 
You must log in or register to reply here.
Back
Top