Dáil Éireann debate -
Thursday, 29 Mar 1990

Vol. 397 No. 7

Written Answers. - Redundancy Entitlements.

Tony Gregory

Question:

72 Mr. Gregory asked the Minister for Labour if a person (details supplied) in Dublin 7 is entitled to redundancy payments and holiday pay, having regard to the fact that she was let go by her employer four weeks ago on an ostensibly temporary basis for one to two weeks; if he will assist the person in this regard; and if he will make a statement on the matter.

Minister for Labour (Mr. B. Ahern)

Under the redundancy payments legislation, it is a matter for the employer to decide in the first instance whether or not an employee has been dismissed by reason of redundancy. If the employee is not satisfied with the decision of the employer, he/she may appeal to the Employment Appeals Tribunal.

An employee may be entitled to a redundancy payment if he/she has been laid off for four consecutive weeks or for a broken series of six weeks where all six fall within a 13-week period. The employee, if he/she then wishes to claim redundancy payment, must serve a written notice of intention to claim because of lay-off, or give the employer notice in writing termininating the contract of employment. The employee must, of course, also satisfy the basic conditions for entitlement to redundancy payment, as regards insurability, length of service etc.

With regard to entitlement to holiday pay, the Holidays (Employees) Act, 1973, provides that an employee who works at least 1,400 hours (1,300 hours if under 18) in a leave year, i.e. 1 April to 31 March, is entitled to three weeks' paid leave, unless he/she changed his/her employment during that year. An employee who has not worked the required total hours in the leave year, or who changed his/her employment in that year, is entitled instead to paid leave at the rate of ¼ of a week for each calendar month during which he/she worked at least 120 hours (110 hours if under 18). The Act also provides for entitlement to eight public holidays.

I have arranged to have my Department write to the person concerned explaining the position fully to her and forwarding the necessary forms to assist her in taking appropriate action.