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Dáil Éireann debate -
Thursday, 18 Jun 1987

Vol. 373 No. 10

Written Answers. - Tallaght (Dublin) Firm Closure.

75.

asked the Minister for Labour the action, if any, he can take on behalf of the workers at Air Therm, Greenhills, Tallaght, Dublin 24 which ceased trading on 29 May 1987 without making any financial settlement whatever with employees.

I understand that two employees of the firm concerned have lodged appeals under the Minimum Notice and Terms of Employment Act with the Employment Appeals Tribunal, but no notices or applications relating to any other payments have been received in my Department from or in respect of such employees. My Department will be prepared to assist in any way possible in securing payment of any statutory entitlements to the employees.

Under the Redundancy Payments Acts qualified employees are entitled to payment of statutory lump sums on the termination of their employment. If the employer concerned in this particular case has issued the employees with redundancy notices (form RP 1) and redundancy certificates (form RP 2) but has not paid them their statutory entitlements, the employees should complete forms RP 14 and forward them together with the completed forms RP 2 to my Department for payment of the lump sums from the redundancy and employers' insolvency fund. If the employees have not received the redundancy certificates but consider that they satisfy the conditions for eligibility under the Acts, they should submit completed appeal forms RP 51A to the Employment Appeals Tribunal in order to establish their entitlements.

If the employer company have gone into liquidation or receivership, the provisions of the Protection of Employees (Employers' Insolvency) Act, 1984, will apply as regards outstanding wages, holiday pay and certain other debts related to pay due to the employees. If the company are insolvent, the employees should complete forms IP 1 and forward them as appropriate to the liquidator or receiver who should then apply to my Department for funds to pay the employees from the redundancy and employers' insolvency fund. In regard to any entitlement of any employee to payment in lieu of minimum notice, he/she will first have to establish that entitlement by appeal to the Employment Appeals Tribunal, again through completion of form RP 51A. Any tribunal award in favour of the employee of a company in liquidation or receivership under the Minimum Notice and Terms of Employment Act would be payable from the fund.

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