Written answers

Thursday, 12 November 2009

Department of Enterprise, Trade and Employment

Redundancy Payments

5:00 pm

Photo of Jack WallJack Wall (Kildare South, Labour)
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Question 107: To ask the Tánaiste and Minister for Enterprise, Trade and Employment when a person (details supplied) in County Kildare will be awarded their redundancy payments in view of the fact that the application has been with her Department since 31 March 2008; and if she will make a statement on the matter. [41196/09]

Photo of Dara CallearyDara Calleary (Mayo, Fianna Fail)
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My Department administers the Social Insurance Fund (SIF) in relation to Redundancy payments on behalf of the Department of Social and Family Affairs. In respect of Redundancy, 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 and are unable to pay.

I am advised that there is no record in my Department of a claim for redundancy payment in respect of the individual concerned.

The EAT is an independent body under the aegis of my Department. As an independent body, I have no role in the day to day operation of the EAT. I am advised, however, that the individual's recourse to the EAT has already been exhausted.

It is the case that an employee must make application for a redundancy payment or seek a determination from the EAT within twelve months of ceasing employment although the EAT has the power to extend the 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.

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