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Redundancy Payments.

Dáil Éireann Debate, Thursday - 3 February 2005

Thursday, 3 February 2005

Questions (126)

Bernard J. Durkan

Question:

124 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. [3286/05]

View answer

Written answers

As previously stated in my predecessor's reply to the Deputy's Question of 27 April 2004 — Reference No. 11482/04 and my reply on 25 November 2004 — Reference No. 30915/04, 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 updated Guide to the Redundancy Payments Scheme for her information.

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 that 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.

If the person concerned does not bring a claim before the Employment Appeals Tribunal by the end of July 2005, she will be out of time for establishing her entitlement to a statutory redundancy payment. If she wishes to contact my Department about her redundancy, she should contact the redundancy section of my Department at telephone number (01) 6313051.

I have again arranged to have the appropriate form for bringing a claim before the tribunal sent to the person concerned, together with another copy of the Guide to the Redundancy Payments Scheme. I have also arranged to have this documentation copied to the Deputy for information.

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