Skip to main content
Normal View

Dáil Éireann debate -
Thursday, 26 Mar 1992

Vol. 417 No. 7

Written Answers. - Redundancy Payments.

Michael Bell

Question:

191 Mr. Bell asked the Minister for Labour the reason for the delay in making payment of moneys due to a person (details supplied) in County Louth under the Redundancy Payments Acts, 1967 and 1991 and the Minimum Notice and Terms of Employment Acts, 1973 to 1991; if he will outline the amounts due; and when payment will now be made.

On 4 December 1991 the Employment Appeals Tribunal issued a determination in favour of the person concerned in respect of claims under the Redundancy Payments Acts, 1967 to 1991 and under the Minimum Notice and Terms of Employment Acts, 1973 to 1991.

In relation to redundancy payment, the employee concerned was awarded £406.00 in compensation under the Redundancy Payments Acts, 1967 to 1991. However since the employer concerned is insolvent and unable to pay the award this falls for consideration for payment from the social insurance fund. Therefore, following receipt of a claim by the person concerned for payment of the redundancy entitlement from the fund and receipt of the tribunal decision on 17 December 1991, my Department found it necessary to verify with the Department of Social Welfare on 3 January 1992 whether the person concerned was employed by her former employer in employment which was insurable for all benefits under the Social Welfare Acts — this is a necessary requirement under the Redundancy Payments Acts for an employee to qualify for a statutory redundancy lump sum payment.

I understand that the Department of Social Welfare has had to carry out special investigations as regards the insurable status of the employee concerned in this case but that a reply from that Department in the matter is expected very shortly. If it is confirmed that the employee concerned was insurable for all benefits, she will be paid the redundancy lump sum from the social insurance fund as a matter of urgency.

In relation to minimum notice, the employee concerned was awarded £99.43 in compensation under the Minimum Notice and Terms of Employment Acts, 1973 to 1991 by the tribunal but has not pursued the question of payment with my Department. The employee concerned, if she has not already done so, should seek payment of the compensation awarded from her employer, preferably in writing. If the employer fails to pay the award, the Acts provide that the compensation due is recoverable by the employee from the employer as a simple contract debt in a District Court.
The Acts also provide that proceedings for recovery of such compensation may be instituted and maintained on behalf of the employee by the Minister for Labour or by the employee's trade union. I would be prepared, on receipt of a complaint from the employee concerned, to consider, subject to legal advice, exercising that discretion in this case.
Top
Share