Vol. 571 No. 3
87 Mr. Durkan asked the Tánaiste and Minister for Enterprise, Trade and Employment the reason redundancy was not awarded to a person (details supplied) in County Kildare who was on sick leave from a company (details supplied) in County Kildare; the reason this person's P45 was not issued; and if she will make a statement on the matter. [21770/03]
A claim for a statutory redundancy lump sum has not been received in my Department in respect of the person concerned. Sick leave alone is not a reason for redundancy. However, an employee can be made redundant while on sick leave. If she wishes to claim a redundancy lump sum from her employer, she should do so in writing on form RP77.
If her employer fails to pay her the statutory redundancy lump sum but gives her the necessary forms to claim the payment from the social insurance fund, I can arrange to have the lump sum paid to her direct from the social insurance fund. If her employer refuses to give her the necessary forms to claim from the fund, it is then open to her to bring a claim against her employer before the Employment Appeals Tribunal for a decision in the matter. Form T1-A must be used for this purpose. If the tribunal finds in her favour, I can arrange for the payment of the lump sum to be made direct to her out of the social insurance fund on foot of the tribunal order.
I have arranged for these forms to be sent directly to the person concerned. Form P45 is a tax form and perhaps the person concerned could get in touch with her local tax office regarding this matter.
