Your legal rights

So, you've received your payout advice and you think it is wrong. What now?

Again, this is where the facts are important. What my employer offered me, was not what the award stated. I contacted the Workplace Authority who confirmed that my belief was correct. As they recommended, I discussed this with my employer. He refused to acknowledge the authority of the Authority. So I then took my case to the Workplace Ombudsman.

They accepted I had a case and fully investigated it, seeking further detailed information from myself and my employer. Unfortunately in my case, there was a loophole, and of course my employer used it. The ombudsman rep said I could take the matter further in a court of law, but that I would end up worse off if I won, and even worse off if I didn't win. So I was one of the unlucky ones. However, the regional Workplace Ombudsman office were very supportive, helpful and respectful while they handled my case. I would highly recommend you seek their help if it is warranted.

Perhaps, your payout is as it should be, but you believe you've been unfairly dismissed. This could be the case if the business had more than 100 employees and:

you were told your position was made redundant, but that was not true and someone else was employed to do your work, or remaining staff members were allocated your tasks.

you were made redundant, but there was an unfair selection process and/or no consultation.

you were not paid a fair redundancy payment.

UNFAIR DISMISSAL CLAIMs MUST BE LODGED NO LATER THAN 21 DAYS AFTER YOUR LAST DAY OF WORK.

Who can you go to for help?
If you are a member of a trade union, contact your union. If you are not a member of a union, contact a community legal centre or the Legal Aid Commission for free advice.