Written answers
Wednesday, 1 July 2009
Department of Enterprise, Trade and Employment
Redundancy Payments
11:00 pm
Joe Carey (Clare, Fine Gael)
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Question 97: To ask the Tánaiste and Minister for Enterprise, Trade and Employment if she will process the application of a person (details supplied) in County Clare; and if she will make a statement on the matter. [26587/09]
Dara Calleary (Mayo, Fianna Fail)
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Under the Redundancy Payments Scheme all eligible employees are entitled to a statutory redundancy lump sum payment on being made redundant. A redundancy situation arises in general where an employee's job no longer exists and he/she is not replaced.
I understand that the Redundancy Section of my Department has on record an application from the individual concerned. When an employer is not in a position to pay statutory redundancy entitlement, the Redundancy Payments Section requires proof of this. The employer is asked, as happened in this case, to provide a letter from his Accountant or Solicitor confirming inability to pay together with documentary evidence (i.e Audited Accounts/Statement of Affairs) within a specified period. Where an employer does not provide the information requested or refuses to pay within the agreed timeframe, the employee can take a case to the Employment Appeals Tribunal (EAT) against the employer, seeking a determination of entitlement to statutory redundancy.
The employer in this case has not, to date, provided the information requested by the Department and I understand that the individual was recently advised of his entitlements to take a case before the EAT and was provided with the necessary application form (T1A). In the absence of the required information from the employer, the Department cannot process the individual's claim until a determination of the Tribunal is obtained.
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