Bernard Durkan (Kildare North, Fine Gael)
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Question 89: 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. [32586/09]

Dara Calleary (Mayo, Fianna Fail)
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The position in relation to the person mentioned has not changed since the Deputy raised the issue on 5th February, 5th March and 6th of May, 2009, and for ease of reference the relevant details previously mentioned are outlined below.

As there are no records of a claim relating to this person either on the Redundancy Payments System or, I am informed, on the Employment Appeals Tribunal database, it would be prudent at this stage for the individual concerned to bring an appeal for a determination in favour of his claim to a redundancy payment directly to the Employment Appeals Tribunal (EAT). An employee must make application for a redundancy payment or seek a determination from the EAT within twelve months of ceasing his employment, though the EAT has the power to extend the lump sum deadline from 52 weeks to 104 weeks. The 52 week deadline applies both to the making of a claim to the employer (Form 77) and to the making of a claim to the EAT in a situation where the employer disputes payment of redundancy.

A claim can be made to the EAT by submitting a form called a T1-A directly to the Tribunal. These forms can be obtained from the EAT website http://www.eatribunal.ie.

As I previously indicated 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 time limits exist as explained in above.

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 7 days within which to provide a counter-notice to the employee saying that within 4 weeks of the date of the claim for redundancy, it will be possible to offer not less than 13 weeks work without lay off.