John O'Donoghue
Ceist:156 Deputy John O’Donoghue asked the Minister for Social Protection when a person (details supplied) in County Kerry will receive their statutory redundancy payment. [2929/11]
Amharc ar fhreagraWednesday, 19 January 2011
Ceisteanna (112, 113)
Freagraí scríofa
On 1 January 2011, the Department assumed responsibility for making redundancy payments from the Social Insurance Fund. There are two types of redundancy payment made from the fund i.e. rebates to those employers who have paid statutory redundancy to eligible employees and statutory lump sums to employees whose employers are insolvent and/or in receivership/liquidation. I can confirm that statutory redundancy lump sum claims in respect of the individuals concerned were received on 22 September, 2010. These claims are pending processing. Lump sum claims dating from June 2010 are currently being processed.
Emmet Stagg
Ceist:157 Deputy Emmet Stagg asked the Minister for Social Protection the reason a redundant person (details supplied) must submit a further RP50 to claim their statutory redundancy. [2941/11]
Amharc ar fhreagraI understand the individual concerned took a case for unfair dismissal against his employer before the Employment Appeals Tribunal (EAT) in July 2009. The Tribunal found in favour of the claimant that he was unfairly dismissed and awarded him an amount equivalent to two years' salary. It is the duty of the employer in the first instance to make such payments to the employee. I understand that the employer subsequently ceased trading and did not pay the award to the employee. As the case was deemed to be one of unfair dismissal the matter of redundancy does not arise and consequently a form RP50 is not required. In cases where an employer is in liquidation and unable to pay an unfair dismissal award, it is possible to consider the case under insolvency legislation and, depending on the circumstances of the case, to make a payment from the Social Insurance Fund. Given the nature of this case I have made arrangements to have a senior official investigate the matter and to contact the individual concerned directly.