John Cregan (Limerick West, Fianna Fail)
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Question 124: To ask the Tánaiste and Minister for Enterprise, Trade and Employment when statutory redundancy will be awarded to a company (details supplied) in County Limerick in order that a former employee will receive their payment. [40762/09]

Dara Calleary (Mayo, Fianna Fail)
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My Department administers the Social Insurance Fund (SIF) in relation to redundancy matters on behalf of the Department of Social and Family Affairs. There are two types of payment made from the SIF – rebates to those employers who have paid statutory redundancy to eligible employees, and statutory lump sums to employees whose employers are insolvent and/or in receivership/liquidation.

I am pleased to advise the Deputy that the Redundancy Payments Section of my Department processed an application for a statutory rebate claim submitted by the company concerned in respect of the individual and that payment issued in October 2009.

Joanna Tuffy (Dublin Mid West, Labour)
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Question 125: To ask the Tánaiste and Minister for Enterprise, Trade and Employment further to Parliamentary Question No. 110 of 10 March 2009, if the employer in this case has refunded her Department the employer's share of redundancy payment; if her attention has been drawn to the fact that the employer still has not paid the holiday element of the Employment Appeals Tribunal determination; if she will render assistance to a person (details supplied) in Dublin 20 to enforce the EAT determination; and if she will make a statement on the matter. [40788/09]

Dara Calleary (Mayo, Fianna Fail)
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Further to my response to the Deputy on this issue in Parliamentary Question 110 of 10 March 2009, I can advise the Deputy that the Redundancy Payments Section of my Department received an application for a statutory lump sum claim for the individual concerned and that payment issued in March 2009. I can also confirm that the employer has since refunded to the Department the employer's liability share of the redundancy payment representing 40% of the redundancy payment.

My Department administers the Social Insurance Fund (SIF) in relation to redundancy matters on behalf of the Department of Social and Family Affairs. There are two types of payment made from the SIF – rebates to those employers who have paid statutory redundancy to eligible employees, and, as in the current case, statutory lump sums to employees whose employers are insolvent and/or in receivership/liquidation.

I understand also that a determination has been made by the Employment Appeals Tribunal in this case under the Organisation of Working Time Act 1997 in favour of the employee and that letters requesting voluntary compliance issued to the employer on 19 February 2009. Following an indication from the employer of a willingness to settle the debt, the case was closed by the National Employments Rights Authority (NERA) at that point. The claimant indicated by phone to NERA that she had accepted the employer's offer of settlement.

If it is the case that the employer is not complying with the EAT determination, the individual would have the option of pursuing legal proceedings against the employer. Alternatively, the employee could also seek to pursue the enforcement aspect through NERA. In order to do this, she should bring the following documentation to NERA; a copy of the EAT Determination, a copy of her P60 form or P45 form and her personal details. NERA will then write to the employer and seek, in the first instance, compliance with the determination.