Michael Noonan (Limerick East, Fine Gael)
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Question 446: To ask the Minister for Enterprise, Trade and Employment if statutory redundancy will be awarded to person (details supplied) in County Limerick who won a claim for unfair dismissal from a company and whose work colleagues have all received the statutory redundancy payments due to them; and if he will make a statement on the matter. [11160/07]

Tony Killeen (Clare, Fianna Fail)
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From enquiries made in the Redundancy Payments section, I understand that Diamond Engineering Company Ltd. went in to liquidation on 5th August 2003 and that 105 employees subsequently received statutory redundancy payments from the Social Insurance Fund.

I also understand that the person concerned had a case for unfair dismissal heard by the Employment Appeals Tribunal on 3rd December 2001, after he had been laid off with effect from 13th October 2000. He was successful in this appeal and was to be reinstated to his position. It is unclear whether or not the reinstatement ever occurred. The person concerned was not among the group of 105 employees who received statutory redundancy payments from the Social Insurance Fund after his employer went into liquidation.

An employee must seek a statutory redundancy lump sum from his former employer within 12 months of the date of termination of his employment. The Employment Appeals Tribunal has discretion to extend this 12-month period to 2 years. As it is now approaching 4 years since his employer went into liquidation, the person concerned is now out of time for bringing a claim for a statutory redundancy payment before the Employment Appeals Tribunal.