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Employment Rights

Dáil Éireann Debate, Tuesday - 25 January 2022

Tuesday, 25 January 2022

Questions (160)

Catherine Murphy

Question:

160. Deputy Catherine Murphy asked the Tánaiste and Minister for Enterprise, Trade and Employment if his attention has been drawn to an instance in which a hotel and hospitality group has failed to provide persons with a statutory redundancy in order to comply with their statutory obligation (details supplied). [3158/22]

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Written answers

Employers must comply with their legal obligation to make a statutory redundancy lump sum payment to eligible employees. I have no function in monitoring or enforcing those payments.

The Workplace Relations Commission (WRC) is the organisation which is mandated to secure compliance with employment rights legislation. If an employer has failed to pay statutory redundancy entitlements, the employee has the right to make a complaint to the WRC for an adjudication and redress where appropriate.

In situations where an employer is genuinely unable to pay statutory redundancy entitlements due to financial difficulties or insolvency, the State may make the statutory redundancy payments on the employer’s behalf from the Social Insurance Fund. When such a redundancy payment is made from the Social Insurance Fund, a debt is raised against the employer and the Department of Social Protection will pursue recovery of the debt.

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