Vol. 508 No. 1
162 Mr. G. Mitchell asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will make a statement regarding the redundancy payments due to a person (details supplied) in Dublin 12 and the concerns raised on her behalf. [17923/99]
I can assure the Deputy that my Department will ensure that full payment of the correct statutory lump sum is made to the person concerned, provided that the prescribed criteria are met, for example, two years minimum service, the employee having been insurably employed and being aged between 16 and 66 at the date of termination of employment due to redundancy etc.
Redundancy payments over and above the statutory entitlements provided for under the Redundancy Payments Acts, being ex-gratia agreements, are a matter for negotiation and agreement between employers and employees or a trade union acting on their behalf.
Disputes about the level of extra-statutory redundancy payments, which cannot be resolved through local negotiations, may be referred to the Labour Relations Commission, the Labour Court or the Rights Commissioner Service.
I would also draw the Deputy's attention to the Minimum Notice and Terms of Employment Acts, 1973 to 1991 which provide that an employer shall, in order to terminate an employee's contract of employment, give a minimum period of notice of between one and eight weeks depending on the employee's length of service. Alternatively, employees can be paid in lieu of notice. Disputes about the right to notice may be referred to the Employment Appeals Tribunal.
Finally, the Organisation of Working Time Act, 1997 sets out statutory rights for employees in respect of rest, maximum working time and holidays. If the employer refuses to grant the employees their holiday entitlement, it would be open to them to obtain redress in this matter by referring a case to a Rights Commissioner under the Act.
