asked the Minister for Labour if he is aware that 22 redundant employees of a company (details supplied) in County Galway, in which it is understood Udarás na Gaeltachta own a considerable share, are experiencing conconsiderable delay and difficulties in obtaining statutory redundancy benefit; if the firm has issued redundancy certificates; if applications have been made for rebates; and the arrangements being made to expedite the payment of redundancy entitlements.
Ceisteanna — Questions. Oral Answers. - County Galway Redundancy Benefit.
54.
My Department have not received notices of dismissal under the Redundancy Payments Acts in respect of employees of the company in question.
I assume the Deputy is aware of the procedure to be followed where an employee on dismissal considers that he is eligible to receive a redundancy lump sum payment but has not received it. The employee should apply for the lump sum in writing, to his employer or the representatives of the employer. If he has not already received a redundancy certificate he should request it in the course of applying for payment of the lump sum. If after a reasonable length of time, say 14 days, the employee has not received either the lump sum or the redundancy certificate he should submit an appeal to the Employment Appeals Tribunal to establish entitlement to a redundancy payment.
If the appeal is successful and the employer is still unable or unwilling to pay the redundancy lump sum the employee can then apply to have the money due paid out of the redundancy fund. As Minister for Labour, I can authorise payment from the redundancy fund in the circumstances mentioned. I can also authorise payment where the employee has obtained a redundancy certificate but has not been paid his redundancy lump sum.
In a lay-off situation, as distinct from dismissal, it is open to an employee who has been laid off for certain specified periods to give notice to the employer of intention to claim redundancy. If the employer does not respond to this notice with an offer of employment and does not concede redundancy the procedures as already outlined for dismissal cases apply.
If claims for redundancy lump sum payments are received in my Department from employees of this company they will be dealt with expeditiously once statutory entitlement is established.
If the Deputy wishes I can send him, or the workers concerned, copies of the appropriate forms for use under these procedures.
Will the Minister tell the House whether he has an inspector covering the area where this enterprise is situated and if he will make the contents of his reply available to such an inspector so that he can acquaint the employees of the enterprise concerned of their rights?
Certain investigations are being carried out. It appears that management advised the staff that it was a temporary closure and that they would be advised when and if the company could be reopened. Management refused to reissue formal termination notices but I am having the case further investigated. If the Deputy wishes I will inform him of the outcome and of developments.