Written answers

Wednesday, 20 May 2020

Department of Employment Affairs and Social Protection

Redundancy Payments

Photo of Michael McGrathMichael McGrath (Cork South Central, Fianna Fail)
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1228. To ask the Minister for Employment Affairs and Social Protection if a person who has been laid off as a result of the appointment of a liquidator to a business can take up alternative employment with another employer without it impacting on the person's redundancy entitlements; and if she will make a statement on the matter. [6004/20]

Photo of Regina DohertyRegina Doherty (Meath East, Fine Gael)
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In situations where an employee has been given notice of redundancy by their employer, an employee may wish to leave their employment earlier than the date of redundancy notified to them, for example to take up alternative employment.  In such cases Section 10 of the Redundancy Payments Act 1967, as amended, provides that an employee can request in writing, within the obligatory period of notice, to leave their employment on an earlier date. 

An employer has discretion as to whether to grant such a request or not.  If the employer agrees, they must consent in writing to the employee's request to leave early and the entitlement to redundancy is unaffected.  The redundancy lump sum will be calculated up to the actual employment termination date. 

It is important to note that leaving during the notice period without the employer’s written agreement may affect a person’s entitlement to a redundancy payment.  Disputes in this regard can be referred to the Workplace Relations Commission (WRC).  The WRC is mandated to secure compliance with employment rights legislation.  If employees have concerns or complaints regarding their employment rights the Customer Service Section of the WRC provides information in relation to employment, equality and industrial relations rights and obligations, and how to obtain redress where appropriate.

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