Fergus O'Dowd (Louth, Fine Gael)
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Question 226: To ask the Minister for Enterprise, Trade and Innovation the reason a statutory redundancy payment only was paid to a person (details supplied) in County Louth; and if he will make a statement on the matter. [36930/10]

Dara Calleary (Mayo, Fianna Fail)
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Under the Redundancy Payments Acts all eligible employees are entitled to a statutory redundancy lump sum payment on being made redundant. The scheme provides that an employee is entitled to two weeks pay for every year of service, plus a bonus week, subject to the prevailing maximum ceiling on gross weekly pay that is currently set at €600. The statutory redundancy scheme operated by the Department on behalf of the Department of Social Protection is concerned only with the statutory minimum payments to which employees are entitled. The payment of ex gratia payments by the employer is a matter solely between the employer and employee.

Eligibility for persons to qualify under the Scheme requires that:

· The employee must have at least two years continuous service (104 weeks) in the employment of the employer;

· The employee must be in employment that is insurable under the Social Welfare Acts. Full-time employees must be in employment which is insurable for all benefits under the Social Welfare Acts; this does not apply to part-time employees;

· The employee must be 16 years and upwards;

· The employee must have been made redundant as a result of a genuine redundancy situation.

I understand that the individual concerned received his full statutory redundancy entitlement and a rebate was paid to his former employer in respect of this payment on the 26 May, 2010.