Written Answers Nos. 937-956
937. Deputy Catherine Connolly asked the Minister for Employment Affairs and Social Protection if the PPSN applications of international students that have recently arrived here will be expedited (details supplied); and if she will make a statement on the matter. [7341/20]
View answer999. Deputy Catherine Connolly asked the Minister for Employment Affairs and Social Protection if the PPSN applications of international students that have recently arrived here will be expedited in view of the fact that many cases are being refused despite providing valid reasons for applying for a PPSN and in further view of the fact that successful applications are in some cases taking over a month to process; and if she will make a statement on the matter. [8038/20]
View answerI propose to take Questions Nos. 937 and 999 together.
My Department has temporarily suspended the face-to-face SAFE/PPSN registration service. This decision was taken in order to comply with HSE and WHO guidelines in respect of social distancing.
As a result of the postponement of the SAFE process, an email and postal service has now been introduced for people who wish to apply for a PPSN.
Email applications can be submitted to ppsn@welfare.ie and postal applications to the Department’s office in Shannon Lodge, Carrick-on-Shannon, Co. Leitrim. Staff in that office are currently processing these PPSN applications until such time as the face-to-face process is reinstated.
People who apply for a PPSN are required to provide evidence of their identity, proof of their address and evidence that they require a PPSN to avail of public services in the State. Difficulties in providing such evidence can delay the PPSN application process.
Arrangements are in place for the prioritisation of an application for a PPSN where a person requires one to receive support under the Supplementary Welfare Allowance scheme operated by my Department.
I trust this clarifies the matter for the Deputy.
938. Deputy Catherine Connolly asked the Minister for Employment Affairs and Social Protection her plans to implement a specific emergency social protection payment for international students that are not eligible for the pandemic unemployment payment and do not have a PPSN or are not currently able to find work (details supplied); and if she will make a statement on the matter. [7342/20]
View answerThe supplementary welfare allowance (SWA) scheme offers a safety net within the overall social welfare system by providing assistance to those whose means are insufficient to meet their own needs and those of their dependants. The main purpose of the scheme is to provide immediate and flexible assistance to those in need who do not qualify for payment under other State schemes. There are several payments within the scheme, including exceptional needs payments (ENPs) and urgent needs payments (UNPs).
Payments can be made to help with the cost of any exceptional needs and urgent needs which a person cannot reasonably be expected to meet from their income. The habitual residence condition does not apply to ENPs and UNPs. Decisions on such payments are made at the discretion of the officers administering the scheme, taking into account the requirements of the legislation and all the relevant circumstances of the case.
International students who are not eligible for other Department schemes can receive support under the ENP and UNP schemes. This support can include financial assistance to meet the cost of food and other essential items needed to prevent hardship. If the Deputy is aware of specific cases where difficulties have arisen, then she should bring these to the attention of the Department.
It is necessary to have a PPS number in order to access the Department's payments. As part of the response to the Covid 19 pandemic, the Department has introduced a simplified postal PPSN registration process. Information is available here: https://www.gov.ie/en/service/12e6de-get-a-personal-public-service-pps-number/
I trust this clarifies the matter for the Deputy.
939. Deputy Sean Fleming asked the Minister for Employment Affairs and Social Protection when an appeal by a person (details supplied) in respect of a pension will be finalised; and if she will make a statement on the matter. [7354/20]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 20 September 2019. I am advised that the case was referred to an Appeals Officer on 20 February 2020.
I am further advised that Appeals Officer has been in communication with the person concerned and has been provided with some updated information in relation to the case. The person concerned anticipates having some additional documentary medical evidence in the near future and has undertaken to provide that when available. On receipt of that additional evidence the Appeals Officer will make their decision.
The Social Welfare Appeals Office functions independently of the Minister for Employment Affairs and Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.
I trust this clarifies the matter for the Deputy.
940. Deputy Sean Fleming asked the Minister for Employment Affairs and Social Protection the number of cases yet to be dealt with by the appeals office; and if she will make a statement on the matter. [7355/20]
View answerThe Social Welfare Appeals Office functions independently of the Minister for Employment Affairs and Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.
The Social Welfare Appeals Office has advised me that, as of 1 May 2020, the total number of social welfare appeals on hand was 7,590. This covers appeals at all stage of the process, including those awaiting the submission from the Department's Deciding Officer on the appeal contentions and those that have been assigned to an Appeals Officer for consideration and decision. The equivalent figure at the end of 2019 was 8,788.
I trust this clarifies the matter for the Deputy.
941. Deputy Sean Fleming asked the Minister for Employment Affairs and Social Protection the number of cases that can be dealt with by the appeals office based on documentary evidence presented; the plans in place to deal with same urgently in view of the fact they are not expected to require further medical evidence or an oral hearing; and if she will make a statement on the matter. [7357/20]
View answerThe Social Welfare Appeals Office functions independently of the Minister for Employment Affairs and Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.
The number of appeals on hand in the Social Welfare Appeals Office, as of 1 May 2020, was 7,590. The corresponding figure for the end of 2019 was 8,788.
The Social Welfare Appeals Office has advised me that as a result of the current Covid-19 restrictions and in order to safeguard the health and safety of both appellants and staff the Office has not held any oral appeal hearings since 16 March 2020. The Social Welfare Appeals Office sincerely regrets any inconvenience caused by these essential measures. The matter is being kept under review.
Every effort is being made to progress appeals on hand. Appeals are currently being determined on a summary basis. It may be possible for Appeals Officers to gather additional information or seek clarifications on any matter relating to an appeal (for example by telephone or email) which might otherwise have been ascertained in the course of an oral hearing.
This year has seen a significant increase in the number of appeals being finalised. 8,965 appeals were finalised in the period January-April 2020 compared to 6,788 in the corresponding period for 2019.
The average appeal processing time for the year 2019 was 23.8 weeks. There has been some improvement to date in 2020 as the average appeal processing time for the period January to April was 20.7 weeks.
I trust this clarifies the matter for the Deputy.
944. Deputy Joe O'Brien asked the Minister for Employment Affairs and Social Protection if consideration will be given to extending the eligibility for the child benefit scheme to persons over 18 years of age that will be in full-time education in September 2020 due to the disruption of the academic year due to Covid-19 (details supplied). [7421/20]
View answerChild benefit is a monthly payment made to families with children in respect of all qualified children up to the age of 16 years. The payment continues to be paid in respect of children until their 18th birthday who are in full-time education, or who have a disability. Child benefit is currently paid, as of end-March 2019, to over 638,160 families in respect of over 1.2 million children with an estimated expenditure of more than €2 billion in 2019.
Extending the payment in respect of full time students in second level education who are over 18 years of age would have significant cost implications and would have to be considered in an overall budgetary context.
My Department, in line with the overall Government response to this public health emergency, moved swiftly to put in place enhanced and new supports for existing customers and new customers who, as a result of COVID-19, are working reduced hours or who have lost their employment entirely – even if on a temporary basis.
Families on low incomes may be able to avail of a number of social welfare schemes that support children in full-time education until the age of 22, including:
- Increase for a Qualified Child (IQCs) paid with primary social welfare payments;
- the Working Family Payment for low-paid employees with children;
- the Back to School Clothing and Footwear Allowance.
These schemes provide targeted assistance that is directly linked to household income and thereby support low-income families with older children participating in full-time education.
945. Deputy Joe O'Brien asked the Minister for Employment Affairs and Social Protection if guidelines have been developed in relation to the temporary lay-offs due to Covid-19; if there is a time limit on the length of time for temporary lay-offs; and if guidance is being developed for employers and employees on exiting the temporary lay-off situation. [7427/20]
View answerThe existing provisions of the Redundancy Payments Act 1967 (as amended) outline the obligations and rights of employers and employees in situations of temporary lay-offs for the purposes of redundancy entitlements.
An employee is considered to have been laid off where the employment ceases because their employer is unable to provide them with work, it is reasonable for the employer to believe the cessation is temporary and the employer gives the employee prior notice to that effect.
The provisions of Section 12 of the Act provide that an employee who has been temporarily laid-off or kept on short-time for four consecutive weeks, or for a series of six weeks within a thirteen week period of which not more than three are consecutive has an entitlement to claim redundancy from their employer.
These provisions were not considered adequate to deal with the current emergency situation. As a result of Covid-19, there have been immediate and unprecedented volumes of temporary lay-offs and short-time work and there is a very real potential for these situations to become protracted. Under the existing provisions these lay-off and short-time situations could result in a large number of redundancies in a very short period of time. Employers are obliged to pay redundancy entitlements to employees who have been temporarily laid off after the periods of time currently provided for in Section 12.
In the current emergency situation the existing timelines set out in Section 12 of the Act would have serious unintended and detrimental financial impacts on businesses and employees over a short period of time. Significant numbers of redundancies over a short period of time would have an adverse impact on the potential for a business to recover, which in turn would create many insolvency and bankruptcy situations. This will only exacerbate the risk of further job losses. Measures to assist the ongoing attachment between employees and their employer during the crisis is important.
For these reasons emergency legislation has been enacted by way of Section 29 of the Emergency Measures in the Public Interest (Covid-19) Act 2020 to mitigate against the risks to businesses outlined above and to protect for as long as possible the attachment to employment for employees.
The existing provisions of Section 12 have effectively been suspended during the emergency period, from 13th March 2020 to 31st May 2020, in respect of an employee who has been laid off or kept on short time due to the effects of measures required to be taken by the employer in order to comply with, or as a consequence of, Government policy to prevent, limit, minimise or slow the spread of infection of Covid-19.
The extension of the end date of the emergency period is provided for in legislation and an extension is currently being considered. In considering whether the end date will be extended, the Government will have regard to the principles which are set out in Section 29 of the Emergency Measures in the Public Interest (Covid-19) Act 2020 and in particular the need to mitigate against the increased risk of insolvencies in the event of mass redundancies over a short period of time resulting in permanent job losses. The government will also have regard to the timelines set out in the Roadmap to re-open Society and Business.
It is important to note that an employees’ right to claim redundancy after a temporary period of lay off or short-time work has not been removed, rather it has been deferred for a temporary period in this emergency situation.
There are no specific guidelines in relation to exiting temporary lay-off situations, however employers are expected to keep up to date contact details of their employees in order to advise them of their date of return to work or the continuation of the lay-off. The Workplace Relations Commission’s Customer Service Section can provide further information in relation to the rights and obligations of employees and employers respectively under employment rights legislation and can be contacted on 1890 80 80 90.
946. Deputy Duncan Smith asked the Minister for Employment Affairs and Social Protection the reason a person (details supplied) in County Kildare has had their award of disability allowance reduced; and if she will make a statement on the matter. [7468/20]
View answerFollowing a review of the entitlement of this lady, it was found that she had a decrease in her means from her previous assessment. Based on the information provided to my department, a maximum rate of disability allowance (DA) was awarded with effect from 22 January 2020.
A letter issued to this lady informing her of this on 19 May 2020. Arrears of payment due have also issued to the person concerned.
I trust this clarifies the matter for the Deputy.
947. Deputy Robert Troy asked the Minister for Employment Affairs and Social Protection when a review of the pandemic unemployment payment will be carried out; if the review will consider persons that were working seasonal and part-time work and earning less than €350 per week while simultaneously refusing to pay persons under 18 and over 66 years of age that were working full-time; and if she will make a statement on the matter. [7477/20]
View answer958. Deputy Danny Healy-Rae asked the Minister for Employment Affairs and Social Protection the provision that will be made for workers over 70 years of age that are unable to return to work and have not qualified for the pandemic unemployment payment; if the payment will be made available to these workers many of which are finding it difficult to manage on their pension; and if she will make a statement on the matter. [7607/20]
View answer980. Deputy Charlie McConalogue asked the Minister for Employment Affairs and Social Protection her plans to support seasonal workers (details supplied); and if she will make a statement on the matter. [7809/20]
View answer990. Deputy Charlie McConalogue asked the Minister for Employment Affairs and Social Protection if the length of time a person is able to receive jobseeker's benefit will be extended due to the Covid-19 pandemic; if consideration has been given to seasonal workers that are currently on jobseeker's benefit and ordinarily work during the summer tourism season but cannot due to the lack of employment opportunities; if such persons will be able to stay on jobseeker's benefit rather than being means-tested for jobseeker's allowance; and if she will make a statement on the matter. [7943/20]
View answerI propose to take Questions Nos. 947, 958, 980 and 990 together.
The COVID 19 Pandemic Unemployment Payment was introduced in March 2020 as a time-limited emergency measure to meet the surge in unemployment which resulted from the effects of the Coronavirus pandemic. This payment is payable to people of working age between 18 and up to 66 which is is consistent with other Social Protection income supports paid to working age persons.
The primary State income support in respect of people who are aged 66 years or over is the State Pension – either the contributory State pension or the means-tested non-contributory pension. People over 66 years do not pay social insurance contributions and can retain all of their State Contributory Pension if they lose employment, thus guaranteeing an income support. People in receipt of a reduced rate of non-contributory pension who are also in receipt of an employment income may have their State pension payment increased if they lose that employment income or if it is reduced. Recipients of State pension payments may, if they satisfy the eligibility conditions, have access to a range of supports not available to unemployed people aged under 66. These include living alone increase, household benefits, telephone support allowance, free travel and free TV licence. Additionally, as part of the Department’s response to the COVID 19 emergency, the Fuel Allowance season was extended by four weeks.
In relation to seasonal workers, it would be impossible to construct a scheme based on claims of potential or prospective but unrealised seasonal employment, particularly in an environment where the economy was operating at full-employment with many unfilled vacancies prior to the onset of the COVID 19 pandemic. People who are currently receiving a jobseeker’s payment, including seasonal workers, who have been out of work for some time will continue to remain on this payment for the period they are entitled to it. If their entitlement to jobseekers benefit exhausts they can apply for jobseekers allowance which is means tested.
Where a person, of any age, is experiencing financial hardship they can apply for financial support through the means tested supplementary welfare allowance scheme.
The Roadmap for Reopening Society and Business, published by the Government on 1 May 2020 sets out a timetable for the phased reopening of society and the economy and envisages a series of steps which will lead to the resumption of various sectors of the economy. Phase 1, which saw the re-opening of a very limited range of sectors, commenced on 18 May 2020. As the situation continues to evolve, decisions around the future of the COVID 19 Pandemic Unemployment Payment will be taken having regard to a range of factors including how the public health situation evolves and the effects of the re-opening in Phase 1 which are being carefully monitored.
I trust this clarifies the matter.
948. Deputy James Lawless asked the Minister for Employment Affairs and Social Protection the status of a Covid-19 payment for a person (details supplied); and if she will make a statement on the matter. [7481/20]
View answerMy Department receives information from Revenue of all customers paid under the Revenue Temporary Wage Subsidy Scheme (TWSS). This file includes a customer’s PPSN, customer’s wage payment frequency (monthly, fortnightly or weekly paid) and the date of the TWSS payment.
A Covid-19 PUP application will not pay due to Revenue overlap if the date of a customer’s last TWSS payment was within a certain period prior to the Covid-19 PUP payment date. This is based on the customer’s salary/wage payment frequency.
My Department is aware that a small number of employers, having initially registered for the TWSS are no longer paying their employees this way. A TWSS registered employee, who is no longer engaged with the TWSS may not receive a Covid-19 payment for a period of time after the last payment run processed by their employer, as the scheme is set up to block the issuing of Covid-19 payments to avoid duplication of payments during a validation period. This period is based on the salary payment frequency of the employee. A person cannot receive a Covid-19 payment and a TWSS payment concurrently.
According to the records of my Department, the person concerned submitted applications for a Covid-19 PUP on 08/04/2020 and 10/04/2020 respectively. These applications were refused as according to Departmental records the employer was registered for TWSS. I am advised that the person concerned submitted a further application for a Covid-19 payment on 28/4/2020 and this was awarded and paid on 5/5/2020 based on the validation period between her last TWSS payment at the end of March and her Covid-19 payment date. However as the person concerned received a payment from her employer at the end of April, subsequent PUP payments failed the validation period of 32 days based on the monthly salary frequency.
As a result of the difficulties encountered with the Covid-19 payment, I am advised that the person concerned received assistance under the Supplementary Welfare Allowance Scheme and was awarded Emergency Needs Payments of €350 on 16/04/2020, 23/04/2020, 30/04/2020, 20/05/2020 and 21/05/2020 respectively. A further ENP payment will issue on week commencing 25/05/2020.
As several Covid-19 payments have failed, I am advised that the person concerned will have received correspondence from the Department advising her how to proceed. The person concerned should contact her local Intreo Centre who should be able to assist her in processing her application.
I trust that this clarifies the matter for the Deputy.
950. Deputy Ged Nash asked the Minister for Employment Affairs and Social Protection the specific measures she is considering to support those under 25 years of age that have been disproportionately affected by the Covid-19 crisis; and if she will make a statement on the matter. [7483/20]
View answerIn these unprecedented times, my Department has put emergency measures in place to meet the surge in unemployment which has affected so many people, including those under 25 years. The COVID-19 Pandemic Unemployment Payment was introduced as a time-limited, emergency income support measure which is paid at a flat rate of €350 per week to people of working age from 18 and up to 66 years old who were employed immediately before the 13th March and as a result of the pandemic have lost their employment and income.
The Temporary Wage Subsidy Scheme operated by the Revenue Commissioners provides the payment of support to employers who pay PAYE Income tax in respect of eligible employees where the employer’s business has experienced significant disruption due to the COVID-19 Pandemic. Enhancements were announced to this scheme which included an increase in the subsidy paid in respect of workers earning less than €24,400 from 70% to 85% and a provision whereby employers can top-up salaries by more than 15% in order to ensure that low paid employees, many of whom are aged under 25, will receive €350 per week.
Any arrangements for the continuation or further adjustment of these emergency supports will be considered by Government as part of its broad based approach to management of the emergency across all sectors of the economy and society.
Where a person is not eligible to receive the COVID-19 Pandemic Unemployment Payment or wage subsidy scheme they can apply for a jobseekers payment. The jobseeker’s benefit scheme provides a social insurance contribution-based support for people who have lost work and are unable to find alternative full-time employment. If a person does not meet the qualifying conditions of the scheme or where their benefit exhausts they may be eligible to apply for the means tested jobseeker’s allowance scheme.
The maximum weekly personal rate for both the jobseekers schemes is €203. An age related reduced jobseeker’s allowance rate of €112.70 generally applies to young jobseekers aged 18-24 to incentivise them to engage in education or training to improve their chances of obtaining full time sustainable employment. If a young jobseeker participates in education or training they can receive the maximum weekly rate of up to €203.
The Youth Employment Support Scheme (YESS) is a work experience placement programme which is specifically targeted at young jobseekers aged 18-24 years of age who are long-term unemployed or who face barriers to employment. This scheme continues to be available despite the current restrictions of movement and arrangements for social distancing. Young jobseekers who participate in this scheme receive a maximum weekly payment of €229.20.
I trust that this clarifies the matter for the Deputy at this time.
951. Deputy Thomas Gould asked the Minister for Employment Affairs and Social Protection the reason there are significant delays in processing applications such as the disability allowance; and if she will make a statement on the matter. [7525/20]
View answerDisability allowance (DA) is a weekly allowance for people with a disability aged between 16 and 66 with a disability which is expected to last for at least one year and who satisfy the medical condition, means test and are habitually resident in Ireland.
There is no delay with processing Disability allowance claims. The target processing time for DA is to process 75% of new claims within 12 weeks. In April 2020, 88% of applications were completed within the expected timeframe. The average time taken to award a DA claim was 7 weeks.
My department is committed to ensuring that claims are processed as expeditiously as possible. The DA scheme area is continuously monitored and reviewed to ensure applications are processed and customers are responded to as quickly as possible.
I hope this clarifies the matter for the Deputy.
952. Deputy Fergus O'Dowd asked the Minister for Employment Affairs and Social Protection if a person can be transferred to the pandemic unemployment payment in order to be in a position to pay bills, rent and so on in exceptional circumstances such as in the case of a person (details supplied); and if she will make a statement on the matter. [7543/20]
View answerTo qualify for a Pandemic Unemployment Payment a person must, inter alia, have been in employment on or after 6th March 2020 and must have lost employment as a result of the Covid-19 pandemic.
I am advised that the person concerned stated they finished work on 28th February 2020 and so does not satisfy the eligibility criteria for that payment. However, this person is currently in receipt of Jobseekers Allowance.
The local Community Welfare Service will contact with the person as a matter of urgency to discuss whether they can be assisted to meet their financial needs under the Supplementary Welfare Allowance schemes including Rent Allowance.
I trust that this clarifies the matter for the Deputy.
953. Deputy Ged Nash asked the Minister for Employment Affairs and Social Protection if she plans to access EU funding relating to the support to mitigate unemployment risks in an emergency scheme; if so, the amount she anticipates accessing under the scheme; the specific programmes it will be acquired for; and if she will make a statement on the matter. [7563/20]
View answerThe SURE instrument was published on 2nd April by the European Commission and is intended primarily to support Member States with efforts to protect workers and jobs, and also support some health-related measures. It is temporary in nature, with the duration and scope limited to tackling the consequences of the coronavirus pandemic. It was adopted at ECOFIN, and published in the Official Journal of the European Union on 19 May 2020.
Briefly, the Commission will borrow on financial markets to finance loans to Member States, allowing Member States benefit from the EU’s strong credit rating (AAA) and low borrowing costs. Under the proposal, SURE will provide financial assistance to Member States of up to €100bn in total. The loans are targeted to assist Member States to address sudden increases in public expenditure caused by the Covid-19 pandemic, in order to preserve employment (such as short-time work schemes and other similar measures put in place for the self-employed) and certain occupational health expenditure.
Notwithstanding, a number of Member States, including Ireland, have parliamentary processes to be completed before SURE can be activated. In Ireland, while the regulation will have direct effect, primary legislation will be required in order to sign and give effect to the underpinning guarantee agreement. Any decision to access the SURE funds is a matter, in the first instance, for the Minister for Finance.
954. Deputy Ged Nash asked the Minister for Employment Affairs and Social Protection if her Department has undertaken an analysis to match skills shortages in sectors affected by Covid-19 with those with appropriate or transferable skills that are currently unemployed; if not, if such an analysis and subsequent action is planned; and if she will make a statement on the matter. [7565/20]
View answerIt is imperative that those who have lost their jobs during the pandemic receive practical supports to assist them back to work. My Department is advancing a number of significant recruitment initiatives to meet the critical staffing needs of employers who are delivering essential services to our communities. The Employer Relations Team has responded to the need to fill critical vacancies by adapting their recruitment processes to provide tailored responses to deal with the unprecedented challenges posed by COVID-19. These initiatives have been advanced in collaboration with State funded training agencies and employer representative organisations.
In the healthcare sector, my Department, in collaboration with Skillnet Ireland and Nursing Homes Ireland, matched 50 qualified healthcare assistants to individual nursing homes. A further 187 people availed of online training via the Healthcare Assistant Induction Programme (HAIP). This training programme is a new employment response to give participants a thorough grounding in the basics of healthcare. It is delivered online over three weeks, via interactive virtual classrooms funded by Skillnet Ireland.
Furthermore, my Department has worked with more than 40 employers in the horticulture sector, particularly those engaged as fruit producers, and has made over 2,400 referrals. This is in addition to jobseekers who have contacted these employers directly as a result of the online Help2Harvest campaign.
Further Education and Training (FET) plays a critical role in the labour market activation response and in upskilling and reskilling those who have been displaced as a result of economic downturn. Building and sustaining skills in the labour force will require a key focus as the labour market recovers, with a particular emphasis on skills which will be in demand.
SOLAS are working in partnership with officials in my Department to develop an agile response which brings together and builds on existing FET expertise and resources to provide the recently unemployed cohort with the ‘Skills to Compete’ in the labour market. The aim is to maximise an individual’s potential for re-entry to sustainable work by developing skills, building digital capabilities and providing specific courses targeting growth sectors and occupations, and linking this to advice and supports tailored to the individual. This initiative complements other resources and structures, such as the Regional Skills Fora, to effectively match individuals and prospective employers. Using local labour market intelligence, responses can be adapted to meet regional needs and challenges.
I have also established a Labour Market Advisory Council (LMAC) which comprises an independent group of industry leaders and labour market experts, having been originally established as the Labour Market Council in 2013. The Advisory Council will provide advice to Government to support labour market and business recovery and is currently developing proposals outlining the required public policy responses that will assist the retraining and re-employment of those who have been disrupted by the pandemic.
955. Deputy Joan Collins asked the Minister for Employment Affairs and Social Protection the obligation of employers regarding the selection of staff for lay-offs during the Covid-19 lockdown with particular reference to obligations to inform staff of the methods used. [7574/20]
View answerDismissal in circumstances where a genuine redundancy situation exists is regarded as one of the fair reasons for dismissal under the Unfair Dismissals Acts 1977 to 2015. However, unfair selection for redundancy is regarded as an unfair dismissal under those Acts.
When selecting a particular employee for redundancy, an employer is required to apply selection criteria which are reasonable and are applied in a fair manner. Employers must follow agreed procedures when making the selection. In instances where there is no agreed procedure in relation to selection for redundancy, the employer must act fairly and reasonably.
Employment equality legislation also prohibits selection for redundancy that is based on any of the following grounds: gender, civil status, family status, age, disability, religious belief, race, sexual orientation or membership of the Traveller Community.
A key issue in respect of selection for redundancy is that the selection process must be seen to be fair and non-discriminatory. If an employee considers that he or she has been unfairly dismissed, he or she may apply to the Workplace Relations Commission (WRC) for a hearing by a WRC Adjudication Officer of a case under the Unfair Dismissals Acts 1977 to 2007. If the Adjudication Officer finds that the dismissal was unfair, redress can take the form of either financial compensation, re-instatement or re-engagement.
Complaints can be made on an online complaint form available at the WRC’s website www.workplacerelations.ie. The WRC’s Customer Service Section, which provides information to both employers and employees in relation to employment, equality and industrial relations rights and obligations, can be contacted at Lo-call: 1890 80 80 90 or 059-9178990.
I trust this clarifies matters for the Deputy.
956. Deputy Joan Collins asked the Minister for Employment Affairs and Social Protection the steps taken to ensure that employers cannot keep staff on indefinite lay-off in order to avoid redundancy payments at the end of a two year period. [7576/20]
View answerThe provisions of Section 12 of the Redundancy Payments Act 1967 (as amended) provide that an employee who has been temporarily laid-off or kept on short-time for four consecutive weeks, or for a series of six weeks within a thirteen week period of which not more than three are consecutive has an entitlement to claim redundancy from their employer.
These provisions were not considered adequate to deal with the current emergency situation. As a result of Covid-19, there have been immediate and unprecedented volumes of temporary lay-offs and short-time work and there is a very real potential for these situations to become protracted. Under the existing provisions these lay-off and short-time situations could result in a large number of redundancies in a very short period of time. Employers are obliged to pay redundancy entitlements to employees who have been temporarily laid off after the periods of time currently provided for in Section 12.
In the current emergency situation the existing timelines set out in Section 12 of the Act would have serious unintended and detrimental financial impacts on businesses and employees over a short period of time. Significant numbers of redundancies over a short period of time would have an adverse impact on the potential for a business to recover, which in turn would create many insolvency and bankruptcy situations. This will only exacerbate the risk of further job losses. Measures to assist the ongoing attachment between employees and their employer during the crisis is important.
For these reasons emergency legislation has been enacted by way of Section 29 of the Emergency Measures in the Public Interest (Covid-19) Act 2020 to mitigate against the risks to businesses outlined above and to protect for as long as possible the attachment to employment for employees.
The existing provisions of Section 12 have effectively been suspended during the emergency period, from 13th March 2020 to 31st May 2020, in respect of an employee who has been laid off or kept on short time due to the effects of measures required to be taken by the employer in order to comply with, or as a consequence of, Government policy to prevent, limit, minimise or slow the spread of infection of Covid-19.
Extending the end date of the emergency period is provided for in legislation and an extension is currently being considered. In considering whether the end date will be extended, the Government will have regard to the principles which are set out in Section 29 of the Emergency Measures in the Public Interest (Covid-19) Act 2020 and in particular the need to mitigate against the increased risk of insolvencies in the event of mass redundancies over a short period of time resulting in permanent job losses.
It is important to note that an employees’ right to claim redundancy after a temporary period of lay off or short-time work has not been removed, rather it has been deferred for a temporary period in this emergency situation.
