Written answers

Tuesday, 10 March 2009

Department of Enterprise, Trade and Employment

Employment Rights

9:00 pm

Photo of Joanna TuffyJoanna Tuffy (Dublin Mid West, Labour)
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Question 110: To ask the Tánaiste and Minister for Enterprise, Trade and Employment if her attention has been drawn to the fact that a person (details supplied) in Dublin 20 secured a determination from the Employment Appeals Tribunal that they are entitled to redundancy pay and holiday pay; if she will confirm that the redundancy payment section of her Department received an application for payment of the amount; when this amount will be paid; if she will confirm that the National Employment Rights Authority has been contacted in respect of holiday award; the steps that have been taken to pay this sum; and if she will make a statement on the matter. [9940/09]

Photo of Billy KelleherBilly Kelleher (Cork North Central, Fianna Fail)
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No application for payment of a statutory redundancy lump sum has been received by my Department for the individual concerned. On receiving a favourable determination from the Employment Appeals Tribunal, an employee should provide the employer with a copy of the determination and a request for payment of the statutory redundancy due. If the employer refuses to pay, the employee should complete an RP50 form either online on the Department's website www.emtemp.ie or manually and submit the signed hard copy to the Redundancy Payments Section of my Department. Payment of the statutory lump sum will then be made directly to the employee.

The National Employment Rights Authority (NERA) has confirmed that it received a request from the person to whom the Deputy refers, seeking assistance in the enforcement of the determination of the Employment Appeals Tribunal for contraventions of certain provisions of the Organisation of Working Time Act 1997, relating to public holidays and annual leave.

NERA has been in contact with both the employer and the individual concerned and I am advised that an offer was made by the employer and, in that context, NERA does not propose to pursue the matter any further. If unsatisfied with the offer, the individual would have the option of pursuing legal proceedings against the employer.

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