Billy Timmins (Wicklow, Fine Gael)
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Question 106: To ask the Minister for the Environment, Community and Local Government the position regarding redundancy payment in respect of a person (details supplied) in County Wexford; and if he will make a statement on the matter. [24738/12]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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I refer to the reply to Questions Nos. 402, 416, 381 and 382 of 27 March 2012, I am aware of the Labour Court recommendation in the case in question. The position is that neither my Department, nor the former Department of Community, Equality and Gaeltacht Affairs, was the employer of the staff members referred to in the Labour Court recommendation. The individuals were employed by an independent company, limited by guarantee, and had employment contracts with that company. Therefore, any employment matters are solely for the board of the company.

Section 2 (3) of the Community, Rural and Gaeltacht Affairs (Miscellaneous Provisions) Act 2007, provided that:

"The Minister shall not be, or be deemed to be, an employer, within the meaning of the Terms of Employment (Information) Acts 1994 and 2001 Terms of Employment (Information) Acts 1994 and 2001 , by virtue of the provision of funding to a person or persons under any scheme".

The Department, at the time, supported the company to ensure that statutory redundancy payments were made available having regard to the impact of the job losses incurred as a result of the reduction in programme funding to the company.