Joanna Tuffy
Question:363 Deputy Joanna Tuffy asked the Minister for Social Protection her views on a statutory redundancy case (details supplied); and if she will make a statement on the matter. [32018/12]
View answerTuesday, 3 July 2012
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Written answers
The purpose of the Redundancy Payments Scheme is to compensate workers, under the Redundancy Payments Acts 1967 to 2011, for the loss of their jobs by reason of redundancy.
In the first instance, it is up to the employer to determine if a genuine redundancy situation exists. In general, this means that the job no longer exists and the person is not replaced. This can occur where, for example, an employer requires fewer employees to do work of a particular kind, where a company goes into liquidation or receivership, where it is decided to rationalise a company or firm or where a firm simply closes down.
According to the information supplied, the person concerned retired early due to ill health. A person who voluntarily resigns or is dismissed for alleged misconduct or resigns due to ill-health, would not satisfy the legislative conditions governing the redundancy scheme and so could not be viewed to have been dismissed by reason of redundancy. Accordingly, such a person would not be entitled to a statutory redundancy payment.