Dáil Éireann Debate, Wednesday - 27 May 2020
1011. Deputy Éamon Ó Cuív asked the Minister for Employment Affairs and Social Protection her plans to amend the law suspending the right of workers to claim redundancy payments to exclude from the law workers whose employers have had a liquidator appointed by the High Court and that are therefore closed permanently; if so, when is it planned to amend same; and if she will make a statement on the matter. [8128/20]
View answerI understand this question to be related to the recent emergency legislation which was enacted by way of Section 29 of the Emergency Measures in the Public Interest (Covid-19) Act 2020. This measure effectively suspends the provisions of Section 12 of the Redundancy Payments Act 1967 (as amended) which relate to the rights of an employee to claim a redundancy entitlement from their employer after temporary periods of lay-off and short-time work during the Covid-19 emergency period.
Unfortunately in situations where a company is insolvent and a liquidator has been appointed by the court, the reality is that employees will be made redundant by their employer. I have no statutory power to intervene in such court supervised liquidations which is governed by company law. My Department provides a safety net for employees in these situations and statutory redundancy payments and other wage related entitlements can be made from the Social Insurance Fund.
