Tony Gregory (Dublin Central, Independent)
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Question 135: To ask the Minister for Enterprise, Trade and Employment further to Question No. 147 of 1 March 2006 if his Department is satisfied that a bona fide lay-off situation exists at a hotel (details supplied) that is that there is no work available for the staff on lay-off; if his Department's inspectors will investigate this matter and liaise with the union representing the staff; and if he will make a statement on the matter. [9713/06]

Tony Killeen (Clare, Fianna Fail)
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My reply to Question No. 147 of 1 March 2006 sets out the situation in relation to lay-off in accordance with the provisions of the Redundancy Payments Acts 1967 to 2003. With regard to the further issue raised concerning the labour inspectorate, I am advised that there is no role for the inspectors in the matter of the lay-off of these workers.

An employer decides whether a lay-off situation exists in an employment. An employee, already on lay-off, may, if he or she so wishes, seek to terminate his or her employment by requesting a statutory redundancy lump sum from his or her employer in the manner detailed to you in my reply to the question of 1 March 2006. An employee, on lay-off, may take up other employment if he so wishes. However, he must return to his or her original employer when offered further work, in order to preserve his or her continuity of service with the original employer. If an employer refuses to pay a statutory redundancy lump sum, it is open to the employee to seek a determination from the Employment Appeals Tribunal regarding the employer's obligation to pay statutory redundancy.