Thursday, 5 July 2012

Questions (84)

Jack Wall

Question:

84 Deputy Jack Wall asked the Minister for Jobs, Enterprise and Innovation further to Parliamentary Question No. 55 of 14 June 2012, the mechanism a person (details supplied) in County Kildare needs to obtain to have their entitlements granted; and if he will make a statement on the matter. [32858/12]

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Written answers (Question to Minister for Jobs, Enterprise and Innovation)

Under the Redundancy Payment Scheme eligible employees (with at least two years continuous service in fully insurable employment) are entitled to a minimum statutory lump sum payment on being made redundant. A redundancy situation arises in general where an employee's job no longer exists and he/she is not replaced. An employee is entitled to two weeks pay for every year of service, with a bonus week added on, subject to the prevailing maximum ceiling on gross weekly pay which is currently €600. In addition, employees are entitled to notice as per the Minimum Notice Act prior to termination of employment.

A claim for a Redundancy payment should be made in the first instance to the employer. Where an employer fails to comply with their redundancy payment/minimum notice obligations or where there is a dispute regarding entitlements, claims may be referred by the employee to the Employment Appeals Tribunal (EAT). The form and further details on taking a case are available on the Workplace Relations Customer Services website www.workplacerelations.ie or through their Information Service at 1890 80 80 90.

Time limits apply to making claims accordingly the following should be noted—

Claims to the EAT must be made within 52 weeks from—

(i) the date of dismissal or

(ii) the date of ending of contract of employment.

In certain cases and for good cause, the EAT may allow claims made within 104 weeks.

Where it appears that an employer is unable or unwilling to pay any redundancy sum due, the employee should make a claim on a form RP50 to—

The Department of Social Protection

Redundancy Payments Section

Floor 2,

Department of Social Protection,

Block C,

The Earlsfort Centre,

Lower Hatch Street,

Dublin 2.

Telephone: 1890 800 699.