Written answers

Wednesday, 3 March 2010

Department of Enterprise, Trade and Employment

Redundancy Payments

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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Question 134: To ask the Tánaiste and Minister for Enterprise, Trade and Employment when a person (details supplied) will be awarded their full redundancy payment; and if she will make a statement on the matter. [10751/10]

Photo of Dara CallearyDara 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 redundancy 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 can confirm that my Department received a statutory lump sum claim for the individual concerned on 11 November, 2008 claiming inability to pay on behalf of the employer.

In this case, as in all cases where the employer claims inability to pay the employee(s) statutory redundancy, the Department requires the employer to provide sufficient proof to substantiate the claim. In this case, adequate supporting documentation from the employer was not submitted.

In the absence of the necessary documentation being submitted, the employee was advised by my Department to take a case to the Employment Appeals Tribunal (EAT) against the employer to seek a determination establishing the employee's right and entitlement to redundancy. Once such a determination is available, this allows the Department to make payment to the employee concerned. Should the outstanding documentation be provided by the employer during the period while the case is pending a hearing before the EAT, this would allow the claim to be processed by my Department in the usual way.

I am advised that the individual lodged a claim with the Employment Appeals Tribunal (EAT) on 17 September, 2009 to seek a determination establishing the employee's right and entitlement to redundancy against his former employer. If a positive determination is given by the EAT in this case, my Department will be able to make payment directly to the employee concerned shortly thereafter.

I understand however that in relation to the area concerned in the case of this individual, there is currently a 45 week waiting period for EAT hearings. Given this backlog of cases pending, it is estimated that a hearing in this case should take place in late August or early September 2010.

The Employment Appeals Tribunal is an independent, quasi-judicial body under the aegis of my Department. Secretarial and administrative support is provided by Departmental staff. I understand that the number of claims to the Tribunal up to December 2009, compared with the same period last year, has doubled. Additional administrative resources have been allocated to the Tribunal to help it process claims. I will be keeping the matter under review and will take further action if possible within the constraints which exist in relation to resources.

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