Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 1137: To ask the Minister for Enterprise, Trade and Employment the reason State level of redundancy was never awarded in the case of a person (details supplied) in County Dublin in view of the fact that all other employees of the firm in question received their payment excluding the person due to the fact that they were on sick benefit; and if he will make a statement on the matter. [3052/07]

Tony Killeen (Clare, Fianna Fail)
Link to this: Individually | In context

There is no record of a redundancy claim having been received in this Department in the respect of the person concerned. Illness alone is not a valid reason for redundancy. However, if a redundancy situation obtains in the employment, it would be in order for the employer to make the person concerned redundant, although he is on sickness benefit. The person concerned should approach his employer for the appropriate statutory redundancy lump sum payment.

On making the person concerned redundant, it is up to the employer to pay the statutory payment in the first instance. If the employer is unable to pay the statutory amount but gives the employee the necessary documentation to claim the statutory lump sum from the Social Insurance Fund (completed RP50 Form) then the employee can be paid direct from the 'Fund' on foot of the form RP50.

If the employer fails to give the necessary form to claim the lump sum, then it is open to the employee to bring a claim against his former employer before the Employment Appeals Tribunal for a decision in the matter. If the Tribunal decides in favour of the employee, then he can be paid his statutory lump sum out of the Social Insurance Fund on foot of the Tribunal order.

Form T-1A should be used for bringing a claim before the Tribunal. A copy of the form is available on the Tribunal's website at www.eatribunel.ie or on request from this Department.