Pat Breen (Clare, Fine Gael)
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Question 112: To ask the Tánaiste and Minister for Enterprise, Trade and Employment the reason a person (details supplied) has not received redundancy payments; and if she will make a statement on the matter. [21044/09]

Mary Coughlan (Donegal South West, Fianna Fail)
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My Department is in receipt of applications under the Insolvency and Redundancy Payments Schemes in respect of Arrears of Wages, Holiday Pay and Redundancy entitlement on behalf of the individual mentioned.

The Protection of Employees (Employers' Insolvency) Act, 1984 and the Redundancy Payments Acts 1967-2007 state that an employee must be employed in employment, which is insurable for all benefits under the Social Welfare Acts, 1981 to 1984 to be eligible for these payments. The Department of Social and Family Affairs has confirmed that the individual in question was not insurable for all benefits under the Social Welfare Acts at the date of termination of his employment. His applications therefore, were refused and both the individual concerned and the relevant Liquidator were subsequently informed of this decision by letter.

If the individual concerned wishes, he may appeal this decision to the SCOPE Section of the Department of Social and Family Affairs, First Floor, Oisin House, Pearse Street, Dublin 2.

Jimmy Deenihan (Kerry North, Fine Gael)
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Question 113: To ask the Tánaiste and Minister for Enterprise, Trade and Employment when a redundancy payment will be made to a person (details supplied) in County Kerry; and if she will make a statement on the matter. [21083/09]

Mary Coughlan (Donegal South West, Fianna Fail)
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Under the Redundancy Payments Acts 1967-2007 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 a redundancy situation exists. In the event of a dispute arising as to whether or not a redundancy situation exists, it is open to either party to apply to the Employment Appeals Tribunal for a determination on the matter. If an employer cannot pay the statutory redundancy to the employee, then my Department will pay the employee, provided that the employer provides satisfactory documentary evidence that he is not in a position to pay.

The Redundancy Payments Section of my Department has received an application from the individual concerned but still awaits the submission from the employer of satisfactory documentation of inability to pay. Once this is received, this individual's application will be processed within the time frame of 6 – 8 weeks.