Dáil Éireann - Volume 673 - 05 February, 2009

Written Answers. - Employment Rights.

Deputy Bernard J. Durkan asked the Tánaiste and Minister for Enterprise, Trade and Employment the entitlement to redundancy in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [4098/09]

  Deputy Billy Kelleher: Under the Redundancy Payments Scheme all eligible employees are entitled to a statutory redundancy lump sum payment on being made redundant. Payment of statutory redundancy is, in the first instance, a matter for the employer. In general, a redundancy situation exists where an employee’s job no longer exists. It is up to the employer concerned to determine whether or not there is in fact a redundancy situation. Disputes in this regard can be referred to the Employment Appeals Tribunal (EAT) for adjudication.

This matter has been examined by the Redundancy Payments Section of my Department and no records currently exist in respect of an application for statutory redundancy for the person concerned.

This individual may be able to claim a redundancy lump sum because of lay off. A lay off situation exists when an employer suspends an employee’s employment because there is no work available, when the employer expects the cessation of work to be temporary and when the employer notifies the employee to that effect. The employee will, however, be required to serve notice in writing on Form RP9 of his intention to claim statutory redundancy from his employer. A copy of this form may be had from my Department or may be downloaded from the Department’s website at www.entemp.ie.

Deputy Frank Feighan asked the Tánaiste and Minister for Enterprise, Trade and Employment if an employer can be forced to pay redundancy to Polish workers who are on a three-day week due to the downturn in business (details supplied). [4154/09]

  Deputy Billy Kelleher: I wish to advise the Deputy that there is not a redundancy situation in the circumstances outlined in his question. It is up to the employer concerned in the first instance to [751] determine whether or not there is in fact a redundancy situation. Disputes in this regard can be referred to the Employment Appeals Tribunal (EAT) for adjudication.