Dáil Éireann Debate, Tuesday - 15 January 2019
1091. Deputy Tony McLoughlin asked the Minister for Employment Affairs and Social Protection the way in which a person (details supplied) can advance an issue in view of the fact her Department has advised them to contact the WRC which has stated they must contact the Employment Appeals Tribunal, which has now advised them to contact her Department; and if she will make a statement on the matter. [1175/19]
View answerIt is the employer’s responsibility to pay statutory redundancy and other wage related entitlements to all eligible employees. In the event that an employer is unable to pay these entitlements due to financial difficulties, the Department can step in to make a payment from the Social Insurance Fund, as part of the redundancy and insolvency payments schemes.
In the event that there is a dispute between the employer and employee, the Workplace Relations Commission (WRC) formally the Employment Appeals Tribunal (EAT) can make a determination in the case.
In relation to the above claimant the Employment Appeals Tribunal (now the WRC) made an award against her employer under the Redundancy Payments Acts, as amended and Minimum Notice and Terms of Employment Acts, as amended.
In order to qualify for statutory redundancy under the Redundancy Payment Scheme, the EAT (WRC) decision must be submitted to my Department within 12 months of the date of the award while under the Insolvency Payment Scheme a claim must be submitted by the relevant office (i.e. liquidator/receiver ) within 18 months prior to the date of insolvency. It is noted from documentation received from the liquidator in October 2018 that the EAT decision for redundancy payment was made in February 2015 while the EAT decision in respect of minimum notice was awarded on 14th May 2015. In the circumstances both EAT decisions fall outside the relevant period under the Redundancy and Insolvency schemes.
My officials have asked the liquidator to formally submit applications to the Department. In the likely event that these applications are disallowed, as they are outside the time limit, the claimant could then appeal the disallowance to the Workplace Relations Commission.
I trust that this clarifies the matter for the Deputy.
