Bernard Allen
Question:46 Mr. Allen asked the Minister for Enterprise and Employment the reason statutory redundancy was not paid to a person (details supplied) in Cork.
Written Answers. - Redundancy Payment Query.
The responsibility for paying a redundancy lump sum to an employee rests with the employer in the first instance. If the employer is unable to pay or refuses to pay, there are remedies open to employees. However, a dismissed employee will not be entitled to a lump sum unless within 52 weeks after the date of termination of employment—
(a) the payment has been agreed and paid, or
(b) the employee has given a written claim to his employer, or
(c) a question as to the right of the employee to the payment or its amount has been referred to the Appeals Tribunal.
The Employment appeals tribunal has a discretion to extend the 52 week time-limit provided that it receives the necessary claim within 104 weeks of the date of dismissal and it is satisfied that the delay by the employee in making his claim arose through reasonable cause. It should be stressed, however, that the period of 52 weeks is the period which will normally apply.
If no redundancy lump sum was paid in this case it was because either—
(a) the employee was dismissed for reasons other than redundancy as defined in the Acts, or
(b) the employee failed to make a claim for a redundancy payment from his employer or failing that, my Department.