Dáil Éireann debate -
Wednesday, 19 Oct 1994

Vol. 446 No. 1

Written Answers. - Statutory Redundancy Payments.

Gay Mitchell

Question:

98 Mr. G. Mitchell asked the Minister for Enterprise and Employment the rules for payment of statutory redundancy to a person (details supplied) in Dublin 12 who has been employed by a company for three years in view of the fact that the company is now going into liquidation. [1641/94]

Minister for Enterprise and Employment (Mr. Quinn)

Where a redundancy, as defined in the Redundancy Payments Acts, 1967-91 takes 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.

Under the Redundancy Payments Acts, responsibility for the payment of a statutory redundancy lump sum entitlement rests in the first instance with the employer/liquidator. Accordingly, if the person concerned is made redundant and considers that he is entitled to a statutory redundancy payment he should approach his former employer/liquidator with a view to obtaining this entitlement. If the former employer/liquidator refuses 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/liquidator or, where entitlement is contested by the former employer/liquidator, a decision from the Employment Appeals Tribunal in the employee's favour.

The statutory redundancy lump sum to which an eligible employee is entitled is based on age, length of service in the employment and gross weekly pay at the time of the redundancy.