asked the Minister for Labour whether redundancy/minimum notice payments are due to a person (details supplied) in County Kildare who has been made redundant and where former employers have gone into liquidation; and if he will make a statement on the matter.
Written Answers. - Redundancy Payments.
61.
My Department have no record of any claim for a redundancy payment in respect of the person concerned. Consequently, it has no information about his employment record on which his possible entitlements could be assessed.
I should explain that under the Redundancy Payments Acts the responsibility for payment of a lump sum payment is a matter in the first instance for the employer concerned. If the employer refuses or fails to make the payment within a reasonable time, an employee can apply to my Department for direct payment from the Redundancy and Employers' Insolvency Fund. Such application must be supported by evidence of entitlement to a redundancy lump sum either in the form of a redundancy certificate (RP2) issued by the employer or, where entitlement is contested by the employer, a decision of the Employment Appeals Tribunal in the employee's favour.
The person concerned in the question should, therefore, approach his former employer in the first instance — or in the case of a company which is in liquidation, the liquidator — about payment of any redundancy lump sum to which he considers he is entitled.
The position in regard to payment in lieu of notice, certain arrears of wages, holiday pay etc., is that, if the employer company of the person concerned has gone into liquidation or receivership, the provisions of the Protection of Employees (Employers' Insolvency) Act, 1984 may apply. The person concerned would first have to establish any entitlement he may have to payment in lieu of notice by appeal to the Employment Appeals Tribunal, through the completion of Form RP5 1A.
If the person concerned considers that he is owed outstanding wages or holiday pay he should complete Form IP1 and forward it to the liquidator/receiver who should then apply to my Department for funds to pay him his outstanding entitlements from the Redundancy and Employers' Insolvency Fund.