Finian McGrath (Dublin North Central, Independent)
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Question 251: To ask the Minister for Enterprise, Trade and Employment if he will advise in the case of a person (details supplied) in Dublin 5. [14689/08]

Billy Kelleher (Cork North Central, Fianna Fail)
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If the named person believes that he has been unfairly dismissed he may present a claim of unfair dismissal to either a Rights Commissioner or to the Employment Appeals Tribunal. The Unfair Dismissals Acts apply, with certain exceptions, to employees over age 16 with at least 12 months' continuous service. A claim for unfair dismissal must be submitted within six months of the dismissal.

The person concerned may also wish to consider whether the termination of his employment is covered by the Redundancy Payments Scheme under which all eligible employees are entitled to a statutory redundancy lump sum payment on being made redundant. In general a redundancy situation arises where an employee's job no longer exists and he/she is not replaced. The Department of Enterprise, Trade and Employment, which administers the Scheme, will then pay the employer a 60% rebate. Where the employer is unable or unwilling to pay the lump sum, the Department may be in a position to pay directly from the Social Insurance Fund (SIF).

The Employment Appeals Tribunal may be contacted at Davitt House, 65A Adelaide Road, Dublin 2, telephone: (01) 631 2121 or 1890 220 222 Lo-Call service from outside (01) area. Any person requiring the assistance of a Rights Commissioner may contact The Secretariat, Rights Commissioners Service, The Labour Relations Commission, Tom Johnson House, Haddington Road, Dublin 4, telephone (01) 613 6700 or 1890 220 227 (callers outside 01 area). Should the person require further information on employment rights generally he can contact the National Employment Rights Authority Lo-call information line at 1890 80 80 90.