Mary Coughlan (Donegal South West, Fianna Fail)

I propose to take Questions Nos. 72 and 74 together.

In general, a redundancy arises where an employee's job ceases to exist, and the employee is not replaced for such reasons as rationalisation, reorganisation, insufficient work available, the financial state of the firm and company closures.

Redundancy is determined in line with strict criteria set down in the Redundancy Payments Acts 1967-2007 on the basis of claims submitted to my Department after the event of the redundancy. Redundancy is therefore determined having regard to the terms of the legislation and on the basis of fact and law. Where a genuine redundancy is deemed to exist, it is a legal entitlement, not a matter of discretion. Thus, in considering applications for payment, full account would be taken of the factual circumstances giving rise to the redundancies in parallel with the legislative provisions to establish the fit with the redundancy payments scheme.

The legislation enables the Minister to refer particular cases to the Employment Appeals Tribunal for a determination to establish the eligibility of cases under redundancy legislation. Therefore, while a preliminary view can be formed in advance as to the chances of any particular set of circumstances fitting the terms of the redundancy payments scheme, it is just that, a preliminary view. The actual decision will only be taken after the fact. Any decision will be taken in light of the circumstances that have transpired, in full knowledge of the terms of the redundancies offered, the pattern of take up, the nature of the changes in the workplace and so on.

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