asked the Minister for Labour when a person (details supplied) in County Cork will be granted redundancy payment in respect of his 13 years employment with a company.
Written Answers. - Redundancy Payment.
255.
Before my Department can issue a lump sum payment from the Redundancy and Employers' Insolvency Fund, the claimant must present a valid Redundancy Certificate signed by his employer (or the Liquidator in the case of a winding-up) or a favourable decision of the Employment Appeals Tribunal.
In the case referred to by the Deputy, the company by whom the person concerned was employed is the subject of a High Court action brought by the Liquidator of a company by whom he was previously employed. The person concerned has submitted a Redundancy Certificate to my Department but the Liquidator disputes the validity of the Certificate and has advised my Department that, if it acts on the Certificate, he will not allow the Department's claim for recovery of the lump-sum payment in the winding-up process.
As the case is still before the High Court, my Department is precluded from making a payment pending the outcome of the High Court case.
I would add that the person concerned has been notified of his right to appeal my Department's decision to the Employment Appeals Tribunal. However, it would be unfair of me not to mention that the Tribunal might also feel precluded from hearing the case pending the final outcome of the High Court action.