Republic of Ireland Law
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hi I would like to have some information. I was made redundant last year and my lawyer, we came to an agreement with my former employer: an agreed amount of money (that I was payed with 4 months delay) and an outplacement agency and a letter where the company states that my redundancy was not depending on my performance - which I am still pending on. All of this should have been done last year October. it's april now. My lawyer has been payed throughly with a last invoice where we agreed that would have been comprehensive of the last actions to close the case, but to today, despite I am writing reminders ect, I am still pending now 7 months and it is just dragging. I feel this is not right, as, as much as I returned all properties to the company and fulfilled my duties, the company is not fulfilling the agreement that has been signed from a judge. On top, I also think my lawyer is just not doing his job properly, as if I do not ask, write or remind I basically have no answers and keeps on dragging. I would be grateful, whether you can advise on what is best and if there's anything I can do, as it is frustrating and I am not in the best position to start putting myself back on the working market again. thanks for your help
So, you are only waiting for a letter stating that your redundancy was not a result of your performance? It there is an agreement to this effect that has, as you say, been signed by a Judge, then you can probably apply to the Circuit Court for an enforcement order to force the company to provide the letter you require.
The question of whether your solicitor should issue these proceedings for you depends on your agreement. You imply that you understood when you paid your solicitor that payment was for all the work done before the date of payment and not inclusive of any other work that might follow as a result of the employer's failure to perform the agreement (which of course your solicitor can't control). I would suggest that you need to discuss the possibility of issuing proceedings with your solicitor, what that would cost etc. Ideally, the threat of issuing proceedings may be enough to secure you the letter you need...
thank you very much for your reply. I am pending on both letter and Outplacement agency which the company should indicate. but I guess your answer is pretty clear, as there is an agreement signed from parties and also from court judge.
as far as the lawyer goes, I guess this is pretty clear too. In my agreement I paied a last invoice and that was inclusive of the last costs and actions required to close the case - which is still open and of course, this depends on the company and not the lawyer.
anyway, thank you for the help and guess I am gonna get more info in the country I live in.
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