We have just acted for a client who was awarded €30,000 for Unfair Dismissal by the Employment Appeals Tribunal who found the applicant had been badly treated and unfairly dismissed. In addition he was awarded €1120 for not geting any notice.
The facts of the case were that the applicant had been mistreated by a representative of the Employer and when redundancies were announced he was one of the first to be selected. Evidence was given that no matrix had been used in the selection process. We argued that it was an unfair dismissal rather than a valid Redundancy.
The Company is now in liquidation and we are dealing with the Liquidators to recover this money for our client. An application is being made under the Insolvency Payments Scheme.
Do not be put off if the company is being wound up from pursuing your employment rights and where you believe you may been the result of an unfair dismissal. The liquidators, if they have been appointed, will step into the shoes of the Employers, and will seek to defend the case. They may not have the full facts of the case or be able to call the witnesses who have not left the company so it can work very much in your favour. Additionally, because the of the above scheme you have a very real chance of recovering the monies owed although it can take upwards of a year to get there.
Shane Healy, Healy O’Connor Solictors.