Dáil Éireann debate -
Thursday, 28 Apr 1994

Vol. 442 No. 2

Written Answers. - Employment Termination.

Gay Mitchell

Question:

107 Mr. G. Mitchell asked the Minister for Enterprise and Employment if he will review the case of a person (details supplied) in Dublin 12 whose employment was terminated in September 1993, following illness, who received £1,600 redundancy payment from her employer after 38 years service and did not receive any statutory redundancy payments; if he will investigate the matter; and if he will make a statement on the matter.

Minister for Enterprise and Employment (Mr. Quinn)

Where a redundancy, as defined in the Redundancy Payments Acts, 1967-91 has taken place, an eligible employee must be given notice in writing of the proposed dismissal. Form RP1 must be used for this purpose. A duplicate copy of the notice, fully completed, must be sent to my Department at the same time as it is given to the employee. These are legal requirements.

My Department has no record of such notice having been received in respect of the person on whose behalf the Deputy inquires. Neither does my Department have any record of an application by the person concerned for payment of a statutory redundancy lump sum from the Social Insurance Fund on the basis that her employer refused to pay a statutory redundancy entitlement. Under the Redundancy Payments Act, responsibility for the payment of a statutory redundancy lump sum entitlement rests in the first instance with the employer. Accordingly, if the person concerned considers that she is entitled to a statutory redundancy payment which she has not received, she should approach her former employer with a view to obtaining this entitlement. If the former employer refused or fails to make the payment within a reasonable time, the employee can then apply to my Department for payment from the Social Insurance Fund. Such an application must be supported by evidence of entitlement to a redundancy lump sum either in the form of a Redundancy Certificate (Form RP2) issued by the former employer or, where entitlement is contested by the former employer, a decision from the Employment Appeals Tribunal in the employee's favour.