Dáil Éireann Debate, Tuesday - 9 October 2012
304. Deputy Patrick O'Donovan asked the Minister for Jobs; Enterprise and Innovation the position regarding an appeal in respect of a person (details supplied) in County Limerick; when a decision will issue; and if he will make a statement on the matter. [42674/12]
View answerThe Employment Appeals Tribunal (EAT) is independent in the exercise of its quasi-judicial function and I have no direct involvement in its day to day operations. It is long established practice that Ministers do not get involved with its adjudication function. However, having made enquiries, I understand that the EAT received a redundancy claim from the person concerned on 31 July, 2012 under the Redundancy Payment Acts.
I wish to point out that the payment of statutory redundancy lump sums is the responsibility of the employer in the first instance. However, where an employer genuinely cannot afford to pay an employee their entitlement, the employer and employee can apply directly to the Social Insurance Fund (SIF) for a Redundancy Lump Sum using form RP50. Proof of inability to pay must be submitted with the RP 50. The Redundancy Payments Section in the Department of Social Protection (Block C, Earlsfort Centre, Lower Hatch Street, Dublin 2) has responsibility for the administration of statutory redundancy payments from the SIF. Where an employer refuses to pay an employee their statutory redundancy entitlement or there is a dispute regarding an employees’ entitlement to a statutory redundancy payment, the employee must apply to the EAT for a hearing under the Redundancy Payments Acts.
In the present case, I would suggest that this person may also wish to contact the Redundancy Payments Section within the Department of Social Protection to establish if she can satisfy the legislative requirements which would allow her claim for a statutory redundancy payment to be processed directly from the SIF without the requirement to have the appeal adjudicated upon EAT. The EAT has seen a significant increase in its caseload in recent years, as it is one of the front-line services directly impacted upon by the economic downturn. The current waiting period for a hearing in respect of redundancy claims in Limerick, is approximately 90 weeks from the date of application. All appeals are listed for hearing in accordance with their date of lodgment with the Tribunal.
Notwithstanding the efforts of the EAT to reduce its existing backlogs, I believe the delays that users of the service are experiencing are unacceptable. This is one of the reasons I am undertaking a root and branch reform of all five Workplace Relations Bodies. The Reform Programme I have commenced will deliver a Workplace Relations structure by merging the activities of the Labour Relations Commission, the National Employment Rights Authority, the Equality Tribunal and the first instance functions of the Employment Appeals Tribunal and the Labour Court into a new Body of First Instance, to be known as the Workplace Relations Commission (WRC). The appellate functions of the Employment Appeals Tribunal will be incorporated into an expanded Labour Court. Work has commenced on the drafting of a Workplace Relations Bill to give effect to the new two-tier structure. I fully expect the work that I have initiated with regard to the reform of the Workplace Relations Bodies, including the EAT, to significantly improve the quality of service to users.
