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Dáil Éireann díospóireacht -
Wednesday, 17 Feb 1971

Vol. 251 No. 10

Written Answers. - Redundancy Payments.

78.

asked the Minister for Labour if he will state in respect of 15 redundancy cases (details supplied) if the employer had given (a) the notice under section 17 of the Redundancy Payments Act, 1967, or (b) a certificate under section 18; if any action was taken by his Department in connection with the failure to observe statutory duties; if weekly payments were made; and if it is open to the appellants to make a further appeal for a redundancy certificate.

The company concerned did not give notice under section 17 of the Redundancy Payments Act, 1967, or issue a redundancy certificate to any of the employees involved in the 15 cases referred to in the question. No action has been taken, or is proposed to be taken, by my Department against the company. In six of the 15 cases the Redundancy Appeals Tribunal held that the employees did not qualify for redundancy payments under the Act. I am satisfied that in the remaining nine cases the company had genuine grounds for doubt as regards their liability to give notices of dismissal or issue redundancy certificates.

Weekly payments have not been made to any of the employees so far. The Redundancy Appeals Tribunal have decided that six of the employees were not eligible for such payments. In the other nine cases such matters as reckonable service and remuneration of the employees have yet to be decided either by agreement between the parties or, failing such agreement, by re-application to the tribunal. My Department will make the weekly payments to the nine employees who have been deemed eligible for them as soon as their entitlements are settled.

It is not open to the six appellants who, the tribunal have decided, are not qualified for redundancy payments, to make further appeals for redundancy certificates. The other nine employees do not require redundancy certificates in order to secure their redundancy weekly payments.

79.

asked the Minister for Labour if he will state in respect of four redundancy cases (details supplied) if the employer had given (a) the notice under section 17 of the Redundancy Payments Act, 1967, or (b) a certificate under section 18; if any action was taken by his Department in connection with the failure to observe statutory duties; if weekly payments were made; and if it is open to the appellants to make a further appeal for a redundancy certificate.

In none of the four cases referred to in the question did the employer give a notice under section 17 of the Redundancy Payments Act, 1967 or issue a redundancy certificate under section 18. No action has been taken by my Department against any of the employers concerned as it has not been established that the circumstances would justify such action. Weekly payments have not been made to the employees because entitlement to such payments under the Act has not been established. Any of the employees who wishes to do so is entitled to appeal again to the Redundancy Appeals Tribunal against his employer's decision not to give him a redundancy certificate. Alternatively, he may apply to my Department for redundancy weekly payments, in which case I will have the question of his entitlement referred to the tribunal for determination.

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