Dáil Éireann Debate, Wednesday - 24 February 2021
10. Deputy Richard Boyd Barrett asked the Tánaiste and Minister for Enterprise, Trade and Employment if a person cannot apply for redundancy after a year has passed since he or she lost his or her job; if so, the advice for a person whose company has not been operating since March 2020 and has been on a Covid-19 payment since then (details supplied); and if he will make a statement on the matter. [10551/21]
View answerIn situations where a person has permanently lost their job there are 52 weeks from the date of dismissal or date of termination of employment for a redundancy payment to be agreed on and paid, or for the employee to give a written claim for redundancy to the employer or for a referral to the Workplace Relations Commission (WRC). The WRC has discretion to extend the 52 week time limit to 104 weeks in certain circumstances.
In a layoff situation a person has not permanently lost their job, the layoff is not a dismissal or a termination of employment and therefore the 52 week time limit does not apply.
There are separate provisions in relation to the right of an employee to claim redundancy following certain periods of layoff and short time work. These provisions are currently suspended by Section 12A of the Redundancy Payments Act 1967 in respect of layoff and short-time work situations which have arisen due to Covid-19. This was done in order to help maintain the employee/employer relationship during the Covid closures, to help ensure businesses survive and that permanent job losses and insolvency situations are avoided as much as possible.
Those employees on layoff due to Covid are paid an enhanced unemployment benefit - the Pandemic Unemployment Payment. Employees who have been placed on short-time work may qualify for short-time work support from the Department of Social Protection. Short-Time Work Support is a form of Jobseeker's Benefit and is an income support payment for people who have been temporarily placed on a shorter working week by their employer. The payment is made in respect of the days of work that have been lost.
Finally, the Customer Service section of the Workplace Relations Commission operate a telephone helpline at 1890 808090 and one of their functions is to assist employees in relation to their concerns or complaints regarding their employment rights.
