Dáil Éireann Debate, Thursday - 25 November 2004
147 Mr. Durkan asked the Minister for Enterprise, Trade and Employment when the State portion of redundancy will be made in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [30915/04]
View answerAs previously stated in my predecessor's reply to the Deputy's written parliamentary question, reference 11482/04 of 27 April 2004, my Department was formally notified of the proposed redundancy of the person concerned on 17 December 2003, when statutory form RP1, notice of proposed redundancy, was submitted in respect of that person. No further documentation has been submitted. At the time, my Department also sent this employee a copy of its up-dated guide to the redundancy payments scheme for her information.
As we have no record of a statutory redundancy lump sum having been made to this employee, there was no question of the Department making a 60% redundancy rebate payment to her employer. Nor has an application for such a rebate been received.
As the employee's employment was terminated on 1 August 2003, more than a year has passed since that date and she is therefore outside the one year time limit, 52 weeks, for making a claim for a redundancy payment. However, under section 12 of the Redundancy Payments Act 1971, as amended by section 13 of the Redundancy Payments Act 1979, the Employment Appeals Tribunal has discretion to extend this 52 week period where it receives the necessary claim within 104 weeks of the date of dismissal and is satisfied that the delay by the employee in making his or her claim arose through reasonable cause. The tribunal, which provides a fair, inexpensive and informal means for individuals to seek remedies for alleged infringements of their statutory rights, including redundancy-related matters, is based at Davitt House, Adelaide Road, Dublin 2 and has hearings across the country. Its telephone number is 01-6313005/6313006, Lo-Call: 1890 220 222.
I have also arranged to have the appropriate form for bringing a claim before the tribunal sent to the person concerned.
