Billy Timmins (Wicklow, Fine Gael)
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Question 104: To ask the Tánaiste and Minister for Enterprise, Trade and Employment the position regarding a matter (details supplied); and if she will make a statement on the matter. [44683/09]

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. 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. In the event of a dispute, the matter should be referred to the Employment Appeals Tribunal for a decision. It should also be noted that an employee must make application for a redundancy payment or seek a determination from the EAT within twelve months of ceasing his employment.

A redundancy lump sum is calculated based on the normal weekly wage/salary of the employee on the date he or she is made redundant. Where a change in wage/salary has been imposed and not agreed, and an employee is subsequently made redundant, it is the normal weekly wage/salary that is used to calculate the redundancy lump sum and not the revised one imposed by the employer.

Any dispute between employee and employer in relation to the calculation of statutory redundancy entitlement may be referred to the Employment Appeals Tribunal (EAT) for adjudication.