Bernard Durkan (Kildare North, Fine Gael)
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Question 80: To ask the Tánaiste and Minister for Enterprise, Trade and Employment the entitlement to redundancy in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [9477/09]

Billy Kelleher (Cork North Central, Fianna Fail)
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The position in relation to the person mentioned has not changed since the Deputy raised the issue on 5 February last.

Under the Redundancy Payments Scheme all eligible employees are entitled to a statutory redundancy lump sum payment on being made redundant. Payment of statutory redundancy is, in the first instance, a matter for the employer. In general, a redundancy situation exists where an employee's job no longer exists. It is up to the employer concerned to determine whether or not there is in fact a redundancy situation. Disputes in this regard can be referred to the Employment Appeals Tribunal (EAT) for adjudication. It should be noted that an employee must make application for a redundancy payment or seek a determination from the EAT within twelve months of ceasing his employment. This matter has been examined by the Redundancy Payments Section of my Department and no records currently exist in respect of an application for statutory redundancy for the person concerned.

This individual may be entitled to claim a redundancy lump sum in the event of lay off. A lay off situation is intended to cover temporary situations where the services of an employee are not required because of lack of work and the employer gives notice that the break in employment is of a temporary nature. If the lay-off continues, the question arises as to whether it is in fact a temporary measure or could potentially be a redundancy rather than a lay-off situation. It is the employer who initially decides whether or not there is a redundancy situation but in the case of a dispute, the matter should be referred to the Employment Appeals Tribunal for a decision.

The employee is entitled, after a period of lay-off of four consecutive weeks or a broken series of six weeks within a 13-week period, and, subject to meeting the normal eligibility criteria for redundancy, to seek statutory redundancy. The employee can, by serving written notice (Form RP 9) on the employer claim redundancy because of the lay-off situation. Notice must be submitted not later than four weeks after the lay-off ceases. A copy of the RP 9 form may be had from my Department or may be downloaded from the Department's website at www.entemp.ie.

In this situation, an employer has a period of seven days within which to provide a counter-notice to the employee to the effect that within four weeks of the date of the claim for redundancy, it will be possible to offer not less than 13 weeks work without lay off.