Vol. 527 No. 2
67 Mr. Durkan asked the Tánaiste and Minister for Enterprise, Trade and Employment if a redundancy payment will be made to a person (details supplied) in County Kildare who has been off work due to occupational injury suffered four years ago; and if she will make a statement on the matter. [28156/00]
It is a matter in the first instance for the employer of the person concerned to determine whether a statutory redundancy payment is due. The criteria for this are laid down in the Redundancy Payments Acts, 1967 to 1991, and cover such areas as the requirements to have at least two years minimum service, the employee having been between the ages of 16 and 66 at the date of termination of employment due to a genuine redundancy situation and the employee having been insurably employed, etc. In the event of these criteria being fully met, it is up to the employer to make the correct statutory payment and then to apply to my Department for a 60% rebate.
Where a position in a company has been made redundant, with another person not simply replacing that person and doing identical work, then the fact that an employee has been away from work due to an occupational injury should not preclude him or her from applying for a statutory redundancy payment, provided all statutory criteria are met.
In the event of an employer disputing payment of a lump sum, the employee can refer the matter to the Employment Appeals Tribunal for a decision. Where the employer is unable or unwilling to make a payment, my Department will arrange for the payment in full from the Social Insurance Fund, provided all criteria are met.
