Finian McGrath
Question:126 Deputy Finian McGrath asked the Minister for Social Protection the position regarding redundancy payments (details supplied). [5976/12]
View answerThursday, 2 February 2012
Questions (128)
Written answers
It is the responsibility of the employer to pay statutory redundancy to all eligible employees. An employer who pays statutory redundancy payments to employees is then entitled to a rebate from the State of a percentage of the relevant amount. In a situation where the employer is unable to pay the statutory redundancy to his/her employees the Department will make lump sum payments directly to the employees and will seek to recover the debt from the employer.
The time limit for lump sum claims is 52 weeks after the date of termination of employment. The Employment Appeals Tribunal has discretion to extend the 52 week time-limit to 104 weeks, provided that it receives the necessary claim within 104 weeks of the date of dismissal and is satisfied that the delay by the employee in making the claim arose through reasonable cause. It should be stressed, however, that the period of 52 weeks is the period which will normally apply.