Tom Hayes (Tipperary South, Fine Gael)
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Question 72: To ask the Tánaiste and Minister for Enterprise, Trade and Employment the position of workers at a company (details supplied) in County Kilkenny. [23564/09]

Mary Coughlan (Donegal South West, Fianna Fail)
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Under the Redundancy Payments Acts, 1967 – 2007, employees who have two years continuous service with an employer, are aged 16 years or over and are in employment which is insurable for all benefits under the Social Welfare Acts, have a statutory entitlement to a redundancy payment from their employer in the event of being made redundant.

Redundancy payment entitlement is two weeks wages for each year of service plus one bonus week. For the purposes of redundancy calculation the current statutory ceiling on the weekly wage is €600. A redundancy calculator is available on the website of the Department of Enterprise, Trade and Employment at: http://www.entemp.ie/employment/redundancy/calculator.htm

Where an employer proposes to create collective redundancies s/he must, under the Protection of Employment Act 1977 (as amended), give the Minister for Enterprise, Trade and Employment written notice of his proposals at the earliest opportunity and at least 30 days before the first dismissal takes effect. The Act also provides that an employer contemplating collective redundancies must, with a view to reaching an agreement, consult the representatives of the employees affected.

A collective redundancy means the dismissal for redundancy reasons over any period of 30 consecutive days of at least: (a) five persons in an establishment normally employing more than 20 and less than 50 employees. (b) ten persons in an establishment normally employing at least 50 but less than 100 employees. (c) ten percent of the number of employees in an establishment normally employing at least 100 but less than 300 employees. (d) thirty persons in an establishment normally employing 300 or more employees.

Employees are also entitled to minimum notice in accordance with the provisions of the Minimum Notice Act, 1973 to 2001. This provides that every employee who has been in the employment of his/her employer for at least 13 weeks is entitled to a minimum period of notice before that employer may dismiss him or her. The minimum notice period varies from one to eight weeks according to length of service as set out in the table. An employer who is unable to provide the appropriate notice may pay notice in lieu to employees.

Employees who are unable to obtain their correct redundancy payment and/or minimum notice entitlement may refer a complaint to the Employment Appeals Tribunal and the relevant complaint form is available to download from their website at www.eatribunal.ie or on request from the National Employment Rights Authority on 1890 80 80 90. MINIMUM NOTICE