Clare Daly (Dublin North, United Left)
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16. To ask the Minister for Jobs, Enterprise and Innovation if he is aware of employers dismissing employees with long service as a cheaper option than giving a severance package; his plans to address this matter; and if he will make a statement on the matter. [28416/15]

Gerald Nash (Louth, Labour)
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The Deputy will understand that I cannot provide legal advice in relation to the law applying to any particular situation, or the interpretation of legislation. Independent legal advice should be sought if an individual has concerns about a specific employment situation.

The National Employment Rights Authority (NERA) provides general information on employment, equality & industrial relations legislation, through the Workplace Relations Customer Service and Information Unit. It can be contacted at Lo-call: 1890 80 80 90 or via its website .

The Unfair Dismissals Acts 1977 to 2007 lay down criteria by which the fairness or otherwise of dismissals are adjudicated upon. While the Acts provide for some potentially-fair reasons for dismissal, the onus is generally on the employer to show that there were substantial grounds justifying the dismissal. Under the Unfair Dismissals Acts, each case is adjudicated upon its merits and on the particular facts of the case. Generally, there is a requirement to have at least one year's continuous service in order to take a case under the Acts. The normal time limit of 6 months for submitting a claim for redress for unfair dismissal may be extended to 12 months in exceptional circumstances.

Dismissal in circumstances where a genuine redundancy situation exists is regarded as one of the fair reasons for dismissal under the Unfair Dismissals Acts although unfair selection for redundancy is regarded as an unfair dismissal under those Acts. However, where an employee has been dismissed due to a genuine redundancy situation, an employee who has at least two years' continuous service will be entitled to a statutory redundancy payment under the Redundancy Payments Acts 1967 to 2014. The amount of the statutory redundancy payment is based on the employee's length of service, and is calculated at 2 weeks' pay per year of service plus a bonus week, subject to a wages cap of €600 per week. Where an employer disputes an employee's entitlement to a statutory redundancy payment, an employee may take a case to the Employment Appeals Tribunal under the Redundancy Payments Acts, and the Tribunal will make a determination on the matter.

Any arrangement for a redundancy payment over and above the statutory redundancy amount is a matter for negotiation and agreement between the parties which, where the parties so request, may be assisted by the industrial relations machinery of the State via the Labour Relations Commission or the Labour Court. I would encourage any parties who are in dispute with regard to extra-statutory redundancy terms, and where it is not possible to resolve the matter locally, to avail fully of the services of these bodies.

I should mention that the relevant adjudicatory bodies for cases referred under the Unfair Dismissals Acts and the Redundancy Payments Acts after the commencement of the Workplace Relations Act 2015 will be an Adjudication Officer of the new Workplace Relations Commission and, on appeal, the Labour Court.