Login|Contact Us
Question and Answer

Republic of Ireland Law

Ask a Republic of Ireland Law Question, Get an Answer ASAP!

  • Ask A Question
  • Browse Answers
  • Meet The Experts
  • How JustAnswer Works

If you have been made redundant and another position becomes

 
Buachaill's Avatar
  • Answered by:Buachaill
  • Lawyer
  • Positive Feedback: 97.6 %
  • Accepted Answers: 2779
Verified Expert
in Republic of Ireland Law

Recent Feedback

Positive
Thank you a great service to have and quick answers
Positive
Ver helpful and clear advice.
Positive
great response - confirmed by revenue commissioners
Positive
That is good I was planning on focusing on the white collar element as it is...
Positive
Clear, concise, prompt and most importantly: responsive.
Positive
good service and quick response.
Positive
Heknows the system very well and gets to the point real quick
Positive
I have confidence in the response
Positive
Fast and to the point!
Positive
Fast answer, to the point and clear. Thank you

Customer Question

If you have been made redundant and another position becomes available which you would be qualified for can you apply for it. I have been told that I cannot re-apply for other positions for 6 months is that a statutory requirement or is it just a local requirement for the company

Submitted: 286 days and 14 hours ago.
Category: Republic of Ireland Law
Value: 25 €
Status: CLOSED

Accepted Answer

Picture
Expert:  Buachaill replied 286 days and 14 hours ago.


Buachaill :

1. If the position is in the same company, then you are not entitled to redundancy if you are employed in this new position. That is due to the law on redundancy. If the new position is in a different company, then you can apply for it and be employed there. Any company specifying that you cannot apply for it is operating a policy of their own in this situation.

Customer :

Sorry I have not made myself clear I was made redundant 31.05.2012 but a different position has become available within the same company that was the question I was asking, I know I can apply for positions with different companies.

Customer :

Not very happy you appear to have gone offline????

Buachaill :

2. As I stated in my first answer, your redundancy payment is liable to be clawed back if you get a new position within the same company. This is because redundancy payments are compensation for loss of employment with an employer. If you are simply re-employed by the same employer in a different position, then there is no redundancy situation in law and any payments received are simply taxed at full Income tax rates at the highest rate. Accordingly, if you get redundancy you must leave that company's employment. Otherwise there is no redundancy situation in law. That is why the six months issue has been raised with you when you applied for the new position.

Expert TypeLawyer
Category: Republic of Ireland Law
Pos. Feedback: 97.6 %
Accepts: 2779
Answered: 7/3/2012

Experience: Barrister 17 years experience

Ask this Expert a Question >
 
Tweet

Solicitors are Online Right Now

Ask Your Question Now
Ask A Solicitor
Type Your Republic of Ireland Law Question Here...
characters left:

Top Republic of Ireland Law Experts

See More Solicitors

In The News

Nbc
Washington Post
New York Times
Cnn
Learn More

How It Works

  • Ask an Expert
  • Get a Professional Answer
  • Ask Followup Questions
  • 100% Satisfaction Guarantee
Learn More
close
Find Expert answers related to your question.
Sign up using email
We will never post anything without your permission.
Already have an account? Sign in

Ask a Solicitor

Get a Professional Answer. 100% Satisfaction Guaranteed.
108 Solicitors are Online Now
Type Your Republic of Ireland Law Question Here...
characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Truste
Contact Us | Terms of Service | Privacy & Security | About Us
© 2003-2013 JustAnswer LLC