Redundancy Payments
Redundancy Payments Act
Redundancy Payment
Definitions for Part II.
6.—In this Part—
“cease” means cease either temporarily or permanently and from whatever cause;
“lock-out” means the closing of a place of employment, or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him in consequence of a dispute, done with a view to compelling those persons, or to aid another employer in compelling persons employed by him, to accept terms or conditions of or affecting employment;
“notice of intention to claim” has the meaning assigned to it by section 12;
“redundancy certificate” has the meaning assigned to it by section 18;
“strike” means the cessation of work by a body of persons employed acting in combination, or a concerted refusal or a refusal under a common understanding of any number of persons employed to continue to work for an employer in consequence of a dispute, done as a means of compelling their employer or any person or body of persons employed, or to aid other employees in compelling their employer or any person or body of persons employed, to accept or not to accept terms or conditions of or affecting employment.
General right to redundancy payment.
7.—(1) An employee, if he is dismissed by his employer by reason of redundancy or is laid off or kept on short-time for the minimum period, shall, subject to this Act, be entitled to the payment of moneys which shall be known (and are in this Act referred to) as redundancy payment provided—
(a) he has been employed for the requisite period, and
(b) he was an employed contributor in employment which was insurable for all benefits under the Social Welfare Acts, 1952 to 1966, immediately before the date of the termination of his employment, or had ceased to be ordinarily employed in employment which was so insurable in the period of F18[four years] ending on that date.
(2) For the purposes of subsection (1), an employee who is dismissed shall be taken to be dismissed by reason of redundancy if F19[for one or more reasons not related to the employee concerned] the dismissal is attributable wholly or mainly to—
(a) the fact that his employer has ceased, or intends to cease, to carry on the business for the purposes of which the employee was employed by him, or has ceased or intends to cease, to carry on that business in the place where the employee was so employed, or
F20[(b) the fact that the requirements of that business for employees to carry out work of a particular kind in the place where he was so employed have ceased or diminished or are expected to cease or diminish, or
(c) the fact that his employer has decided to carry on the business with fewer or no employees, whether by requiring the work for which the employee had been employed (or had been doing before his dismissal) to be done by other employees or otherwise, or
(d) the fact that his employer has decided that the work for which the employee had been employed (or had been doing before his dismissal) should henceforward be done in a different manner for which the employee is not sufficiently qualified or trained, or
(e) the fact that his employer has decided that the work for which the employee had been employed (or had been doing before his dismissal) should henceforward be done by a person who is also capable of doing other work for which the employee is not sufficiently qualified or trained,]
F21[(2A) For the purposes of subsection (1), an employee who is dismissed shall be taken not to be dismissed by reason of redundancy if—
(a) the dismissal is one of a number of dismissals that, together, constitute collective redundancies as defined in section 6 of the Protection of Employment Act 1977,
(b) the dismissals concerned were effected on a compulsory basis,
(c) the dismissed employees were, or are to be, replaced, at the same location or elsewhere in the State, (except where the employer has an existing operation with established terms and conditions) by—
(i) other persons who are, or are to be, directly employed by the employer, or
(ii) other persons whose services are, or are to be, provided to that employer in pursuance of other arrangements,
(d) those other persons perform, or are to perform, essentially the same functions as the dismissed employees, and
(e) the terms and conditions of employment of those other persons are, or are to be, materially inferior to those of the dismissed employees. ]
(3) For the purposes of subsection (1), an employee shall be taken as having been laid off or kept on short-time for the minimum period if he has been laid off or kept on short-time for a period of four or more consecutive weeks, or for a period of six or more weeks which are not consecutive but which fall within a period of thirteen consecutive weeks.
(4) Notwithstanding any other provision of this Act, where an employee who has been serving a period of apprenticeship training with an employer under an apprenticeship agreement is dismissed within one month after the end of that period, that employee shall not, by reason of that dismissal, be entitled to redundancy payment.
F22[(4A) In ascertaining, for the purposes of subsection (2) (c), whether an employer has decided to carry on a business with fewer or no employees, account shall not be taken of the following members of the employer‘s family—
father, mother, stepfather, stepmother, son, daughter, adopted child, grandson, granddaughter, stepson, stepdaughter, brother, sister, half brother, halfsister.]
(5) In this section requisite period means a period of F23[104 weeks] continuous employment (within the meaning of Schedule 3) of the employee by the employer who dismissed him, laid him off or kept him on short-time, but excluding any period of employment with that employer before the employee had attained the age of 16 years.
Employee anticipating expiry of employer’s notice.
10.—(1) This section shall have effect where—
(a) an employer gives notice to an employee to terminate his contract of employment, and
(b) at a time within the obligatory period of that notice, the employee gives notice in writing to the employer to terminate the contract of employment on a date earlier than the date on which the employer’s notice is due to expire.
(2) Subject to subsection (3), in the circumstances specified in subsection (1) the employee shall, for the purposes of this Part, be taken to be dismissed by his employer, and the date of dismissal in relation to that dismissal shall be the date on which the employee’s notice expires.
(3) If, before the employee’s notice is due to expire, the employer gives him notice in writing—
(a) requiring him to withdraw his notice terminating the contract of employment as mentioned in subsection (1) (b) and to continue in the employment until the date on which the employer’s notice expires, and
(b) stating that, unless he does so, the employer will contest any liability to pay to him a redundancy payment in respect of the termination of his contract of employment,
but the employee unreasonably refuses to comply with the requirements of that notice, the employee shall not be entitled to a redundancy payment by virtue of subsection (2).
F28[(3A) Where an employer agrees in writing with an employee to alter the date of dismissal mentioned in a notice under subsection (1) (a) given by him to that employee so as to ensurethat the employee’s notice under subsection (1) (b) will be within the obligatory period in relation to the notice under subsection (1) (a), the employee’s entitlement to redundancy payment shall be unaffected and the employee shall, for the purposes of this Part, be taken to be dismissed by his employer, the date of dismissal in relation to that dismissal being the date on which the employee’s notice expires.]
(4) In this section—
(a) if the actual period of the employer’s notice (that is to say, the period beginning at the time when the notice is given and ending at the time when it expires) is equal to the minimum period which (whether by virtue of any enactment or otherwise) is required to be given by the employer to terminate the contract of employment, “the obligatory period”, in relation to that notice, means the actual period of the notice;
(b) in any other case,
“the obligatory period” , in relation to an employer’s notice, means that period which, being equal to the minimum period referred to in paragraph (a), expires at the time when the employer’s notice expires.
Notice of proposed dismissal for redundancy.
17.—(1) An employer who proposes to dismiss by reason of redundancy an employee who has not less than F39[104 weeks] service with that employer shall, not later than two weeks before the date of dismissal, give to the employee notice in writing of the proposed dismissal F40[…].
(2) The Minister may make regulations for giving effect to this section and, without prejudice to the generality of the foregoing, regulations under this section may relate to all or any of the following matters—
(a) the particulars to be stated in the notice,
F41[(b) the method of service of the notice.]
F42[(2A) A notice under this section, a redundancy certificate and a claim for a rebate under section 36 may be combined in one document.]
(3) An employer who fails to comply with this section or who furnishes false information in a notice under this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding F43[€5,000].
Redundancy certificate.
18.—F44[(1) When an employer dismisses by reason of redundancy an employee who has not less than 104 weeks’ continuous employment, he shall give to the employee not later than the date of the dismissal a certificate (in this Part referred to as a redundancy certificate).]
F45[(2) Whenever an employee who has not less than 104 weeks’ continuous employment gives notice of intention to claim in accordance with section 12, his employer shall, subject to section 13, give him, not later than seven days after the service of the notice of intention to claim, a redundancy certificate.]
(3) The Minister may make regulations for giving effect to this section and, without prejudice to the generality of the foregoing, may prescribe the particulars to be stated on a redundancy certificate.
(4) An employer who fails to comply with this section or who furnishes false information in a redundancy certificate shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding F46[€5,000].
Payment of lump sum by employer.
19.—(1) Upon the dismissal by reason of redundancy of an employee who is entitled under this Part to redundancy payment, F47[or where by virtue of section 12 an employee becomes entitled to redundancy payment], his employer shall pay to him an amount which is referred to in this Act as the lump sum.
(2) Schedule 3 shall apply in relation to the lump sum.
(3) The Minister may by order amend Schedule 3.
Modification of right where previous redundancy payment
23.—(1) This section shall apply where—
(a) a lump sum is paid to an employee under section 19, whether in respect of dismissal, lay-off or short-time,
(b) the contract of employment under which he was employed (in this section referred to as the previous contract) is renewed, whether by the same or another employer, or he is re-engaged under a new contract of employment, whether by the same or another employer, and
(c) the circumstances of the renewal or re-engagement are such that, in determining for the purposes of section 7 (1) or Schedule 3 whether at any subsequent time he has been continuously employed for the requisite period, or for what period he has been continuously employed, the continuity of his period of employment would, apart from this section, be treated as not having been broken by the termination of the previous contract and the renewal or re-engagement.
(2) In determining for the purposes of section 7 (1) or section 19 in a case to which this section applies whether at any subsequent time an employee has been continuously employed for the requisite period, or for what period he has been continuously employed, the continuity of the period of employment shall be treated as having been broken at the date which was the date of dismissal in relation to the lump sum mentioned in subsection (1) (a), and any time before that date shall be disregarded.
(3) For the purposes of this section a lump sum shall be treated as having been paid if the whole of the payment has been paid to the employee by the employer or if the Minister has paid a sum to the employee in respect of the redundancy payment under section 32.
F50[(4) This section shall not apply in any case to which section 19 of the Unfair Dismissals Act, 1977, applies.]
Annotations:
Amendments:
F50
Inserted (6.04.1979) by Redundancy Payments Act 1979 (7/1979), s. 17 and sch., S.I. No. 95 of 1979.
Time-limit on claims for redundancy payment.
24.—Notwithstanding any other provision of this Act, an employee shall not be entitled to a lump sum unless before the end of the period of F51[52 weeks] beginning on the date of dismissal or the date of termination of employment—
(a) the payment has been agreed and paid, or
(b) the employee has made a claim for the payment by notice in writing given to the employer, or
(c) a question as to the right of the employee to the payment, or as to the amount of the payment, has been referred to the F52[Director General] under section 39.
F53[(2) Notwithstanding any provision of this Act, an employee shall not be entitled to a weekly payment unless he has become entitled to a lump sum.]
F54[(2A) Where an employee who fails to make a claim for a lump sum within the period of 52 weeks mentioned in subsection (1) (as amended) makes such a claim before the end of the period of 104 weeks beginning on the date of dismissal or the date of termination of employment, the F52[adjudication officer, if he is satisfied] that the employee would have been entitled to the lump sum and that the failure was due to a reasonable cause, may declare the employee to be entitled to the lump sum and the employee shall thereupon become so entitled.]
F55[(3) Notwithstanding subsection (2A), where an employee establishes to the satisfaction of the F52[Director General]—
(a) that failure to make a claim for a lump sum before the end of the period of 104 weeks mentioned in that subsection was caused by his ignorance of the identity of his employer or employers or by his ignorance of a change of employer involving his dismissal and engagement under a contract with another employer, and
(b) that such ignorance arose out of or was contributed to by a breach of a statutory duty to give the employee either notice of his proposed dismissal or a redundancy certificate,
the period of 104 weeks shall commence from such date as the F52[Director General]F52[at his discretion] considers reasonable having regard to all the circumstances.]
PART III
Redundancy Fund
Other payments to employees from Redundancy Fund.
32.—F68[(1) When an employee claims that an employer is liable to pay to him a lump sum under section 19 and that—
(a) the employee has taken all reasonable steps (other than legal proceedings) to obtain the payment of the lump sum from the employer and the employer has refused or failed to pay it or has paid part of it and has refused or failed to pay the balance, F69[or]
(b) the employer is insolvent and the whole or part of the lump sum remains unpaid, or
(c) the employer has died and neither probate of his will has, nor letters of administration in respect of his estate have, been granted, and the whole or part of the lump sum remains unpaid,
the employee may apply to the Minister for a payment under this section.
(2) If on an application under this section the Minister is satisfied that an employee is entitled to a lump sum under section 19 which remains unpaid either in whole or in part, the Minister shall pay to the employee out of the F70[Social Insurance Fund] so much of the lump sum as remains unpaid.
(3) Upon the payment by the Minister of a payment under this section all rights and remedies of the employee with respect to the lump sum concerned or, if the Minister has paid part of it, with respect to that part, shall thereupon stand transferred to and become vested in the Minister and any moneys recovered by the Minister by virtue of this subsection shall be paid into the F71[Social Insurance Fund].
(4) Where, in a case falling within subsection (1) (a), the Minister makes a payment to an employee under subsection (2), the Minister shall claim from the employer a sum equal to the amount of the payment made by the Minister under subsection (2) less the amount of the rebate that would have been payable to the employer from the F72[Social Insurance Fund] under section 29 if the employer had paid the lump sum to the employee, save that, where it appears to the Minister that the refusal or failure of the employer was without reasonable excuse, the Minister may either withhold any rebate to which the employer would otherwise have been entitled or reduce the amount of that rebate to such extent as the Minister thinks appropriate, and in either such case the amount of the Minister’s claim against the employer under this subsection may be increased accordingly.
(5) Where, in a case falling within subsection (1) (b), the Minister makes a payment to an employee under subsection (2), the Minister shall be entitled to claim in the bankruptcy, arrangement, administration of the insolvent estate or winding up (as the case may be) in respect of, and only in respect of, a sum equal to the amount of the payment made by the Minister under subsection (2) less the amount of the rebate that would have been payable to the employer from the F73[Social Insurance Fund] under section 29 if the employer had paid the lump sum to the employee.
(6) Where, in a case falling within subsection (1) (c), the Minister makes a payment to an employee under subsection (2), the Minister shall be entitled to claim from the deceased employer’s estate in respect of, and only in respect of, a sum equal to the amount of the payment made by the Minister under subsection (2) less the amount of the rebate that would have been payable to the deceased employer’s estate from the F74[Social Insurance Fund] under section 29 if the employee had been paid the lump sum from the estate of the deceased employer.
(7) For the purpose of this section an employer shall be deemed to be insolvent if—
(a) the employer has been adjudicated bankrupt, has filed a petition for arrangement or has executed a deed of arrangement (within the meaning of section 4 of the Deeds of Arrangement Act, 1887),
(b) the employer has died and his estate, being insolvent, is being administered in accordance with the rules set out in Part I of the First Schedule to the Succession Act, 1965, or
(c) the employer is a company, and the company is insolvent and being wound up.]
Persons employed by more than one employer, etc.
35.—(1) In relation to persons who—
(a) are employed by more than one employer in any week, or
(b) work under the general control or management of some person other than their immediate employer,
and in relation to any other cases for which it appears to the Minister that special provision is needed, regulations may provide that for the purposes of this Act the prescribed person shall be treated as their employer.
(2) Regulations made relating to persons mentioned in subsection (1) (b) may provide for adjusting the rights between themselves of the person prescribed as the employer, the immediate employer and the persons employed.
Annotations:
Editorial Notes:
E59
Power pursuant to section exercised (1.10.1985) by Redundancy Payments (Cork Port Dockers) Regulations 1987 (S.I. No. 211 of 1987).
E60
Power pursuant to section exercised (20.03.1975) by Redundancy Payments (Waterford Port Dockers) Regulations 1975 (S.I. No. 73 of 1975).
E61
Power pursuant to section exercised (11.03.1974) by Redundancy Payments (Limerick Port Dockers) Regulations 1974 (S.I. No. 59 of 1974).
E62
Power pursuant to section exercised (17.08.1973) by Redundancy Payments (Galway Port Dockers) Regulations 1973 (S.I. No. 261 of 1973).
E63
Power pursuant to section exercised (4.04.1973) by Redundancy Payments (Dundalk Port Dockers) Regulations 1973 (S.I. No. 95 of 1973).
E64
Power pursuant to section exercised (13.02.1973) by Redundancy Payments (Dublin Port Dockers) Regulations 1973 (S.I. No. 42 of 1973).
E65
Power pursuant to section exercised (11.11.1971) by Redundancy Payments (Dublin Port Dockers) Regulations 1971 (S.I. No. 301 of 1971).
E66
Power pursuant to subs. (1) exercised (6.01.1969) by Redundancy (Collection of Contributions) (Revocation) Regulations 1968 (S.I. No. 271 of 1968), in effect as per reg. 2.
E67
Previous affecting provision; power pursuant to subs. (1) exercised (3.01.1968) by Redundancy (Collection of Contributions) Regulations 1968 (S.I. No. 4 of 1968); revoked (6.01.1969) by Redundancy (Collection of Contributions) (Revocation) Regulations 1968 (S.I. No. 271 of 1968), reg. 3, in effect as per reg. 2.
Regulations for Part III.
36.—(1) The Minister may make regulations for giving effect to this Part.
(2) Without prejudice to the generality of subsection (1), regulations under this section may make provision in relation to all or any of the following matters :
(a) requiring an employer entitled to a rebate to make a claim therefor and prescribing the time within which such a claim is to be made;
(b) requiring an employer who has made a claim for a rebate to produce such evidence and other information as may be prescribed and to produce for examination on behalf of the Minister such documents as may be prescribed and are in that employer’s custody or under his control;
(c) requiring, in connection with an application made to the Minister under section 32, the employer concerned to produce for examination on behalf of the Minister such documents as may be prescribed and are in the employer’s custody or under his control;
(d) F77[…]
(e) prescribing the method, time and place for the making of weekly payments.
(3) A person who fails to comply with a regulation under subsection (2) (b) or (2) (c) or who, in relation to a regulation requiring information, furnishes false information shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding F78[€5,000].
PART IV
Miscellaneous Provisions
Deciding officers.
37.—The Minister may appoint F79[…] such and so many persons as he thinks proper to be deciding officers for the purposes of this Act, and every person so appointed shall hold office as a deciding officer during the pleasure of the Minister.
Annotations:
Amendments:
F79
Deleted (1.09.1971) by Redundancy Payments Act 1971 (20/1971), s. 19 and sch., S.I. No. 230 of 1971.
Decisions by deciding officers.
38.—(1) Subject to this Act and in accordance with any relevant regulations, every question arising—
F80[(a) as to who is the employer of an employee,
(b) in relation to the payment from the Social Insurance Fund of—
(i) rebates to employers under section 29, or
(ii) lump sums to employees under section 32,
or
(c) on such other matters arising under this Act as are prescribed,]
shall be decided by a deciding officer.
(2) A reference in this section to a question arising in relation to a claim for a weekly payment includes a reference to a question whether a weekly payment is or is not payable.
Annotations:
Amendments:
F80
Substituted (8.05.2007) by Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007 (27/2007), s. 17, commenced on enactment.
Editorial Notes:
E74
Previous affecting provision: subs. 1(d) deleted (6.04.1991) by Social Welfare Act 1991 (7/1991), s. 39 and sch. C, commenced as per s. 39(3).
Tribunal (Now WRC Adjudication)
39.—(1) There shall be a Tribunal (which shall be known as the Redundancy Appeals Tribunal and is in this section hereinafter referred to as the Tribunal) to determine the appeals provided for in this section.
(2) The Tribunal shall consist of the following members—
(a) F81[a chairman who before his appointment shall have had not less than 7 years’ experience as a practising barrister or practising solicitor,]
(b) F82[not more than 5 vice-chairmen, ]
(c) F83[not less than 12 and not more than 30 ordinary members.]
(3) The members of the Tribunal shall be appointed by the Minister and shall be eligible for re-appointment.
F84[(3A) Notwithstanding subsection (2), whenever the Minister is of the opinion that for the speedy despatch of the business of the Tribunal it is expedient that there should be added further vice-chairmen or further ordinary members (or both further vice-chairmen and further ordinary members), he may make such additional appointments, and the reference in subsection (4) shall include a reference to this subsection.]
(4) The appointments pursuant to subsection (3) of the ordinary members of the Tribunal shall be made—
(a) as to one-half of those members, being persons nominated for that purpose by an organisation representative of trade unions of workers, and
(b) as to the other half of those members, from among persons nominated for that purpose by a body or bodies representative of employers.
(5) The term of office of a member of the Tribunal shall be such period as is specified by the Minister when appointing such member.
(6) (a) A member of the Tribunal may, by letter addressed to the Minister, resign his membership.
(b) A member of the Tribunal may be removed from office by the Minister.
(7) (a) Whenever a vacancy occurs in the membership of the Tribunal and is caused by the resignation, removal from office or death of an ordinary member mentioned in subsection (4) (a), the vacancy shall be filled by the Minister by appointment in the manner specified in that subsection.
(b) Whenever a vacancy occurs in the membership of the Tribunal and is caused by the resignation, removal from office or death of an ordinary member mentioned in subsection (4) (b), the vacancy shall be filled by the Minister by appointment in the manner specified in that subsection.
(8) In the case of a member of the Tribunal filling a vacancy caused by the resignation, removal from office or death of a member before the completion of the term of office of the last-mentioned member, the member filling that vacancy shall hold office for the remainder of the term of office of the person who so resigned, died or was so removed from office.
(9) A vice-chairman of the Tribunal shall act as chairman thereof when so required by the chairman or the Minister and when so acting shall have all the powers of the chairman.
(10) A member of the Tribunal shall be paid such remuneration (if any) and allowances as may be determined by the Minister with the consent of the Minister for Finance.
(11) Whenever the chairman of the Tribunal is of opinion that, for the speedy dispatch of the business of the Tribunal, it is expedient that the Tribunal should act by divisions, he may direct accordingly and, until he revokes his direction, the Tribunal shall be grouped as so directed.
(12) Each division of the Tribunal shall consist of either the chairman or a vice-chairman of the Tribunal, an ordinary member of the Tribunal mentioned in subsection (4) (a) and an ordinary member of the Tribunal mentioned in subsection (4) (b).
(13) The Minister may, with the consent of the Minister for Finance, appoint such officers and servants of the Tribunal as he considers necessary to assist the Tribunal in the performance of its functions, and such officers and servants shall hold office on such terms and receive such remuneration as the Minister for Finance determines.
(14) The decision of the Tribunal on any question referred to it under this section shall be final and conclusive, save that any person dissatisfied with the decision may appeal therefrom to the High Court on a question of law.
(15) Any employer who is dissatisfied with a decision given by the Minister in relation to a rebate or with any decision given by a deciding officer in relation to any question specified in section F85[…] 38 (1) (e) or 38 (1) (f), or any employee who is dissatisfied with a decision given by a deciding officer under section 38 or with any decision of an employer under this Act F86[may appeal to the F87[Director General] against the decision;] provided however, that the F87[Director General] shall not be competent to decide whether or not an employee is or was at the material time in employment which is or was insurable for all benefits under the Social Welfare Acts F88[…].
(16) A deciding officer may if he so thinks proper, instead of deciding it himself, refer F89[…] to the F87[Director General] for a decision thereon any question which falls to be decided by him under section 38.
F90[(16A) The Director General shall refer to an adjudication officer for adjudication by that officer an appeal under subsection (15) or a question referred to the Director General under subsection (16).]
F90[(16B) Subsections (15) and (16) of section 41 of the Act of 2015 shall apply in relation to an appeal under subsection (15) or a question referred to the Director General under subsection (16) as they apply to a complaint or dispute to which the said section 41 applies, subject to the following modifications:
(a) references to complaint or dispute shall be construed as references to such an appeal or such a question;
(b) references in the said subsection (15) to complainant or respondent shall be construed as references to employee or employer;
(c) the reference in the said subsection (16) to parties to a complaint or dispute under that section shall be construed as a reference to the employee or employer concerned; and
(d) any other necessary modifications.]
(17) (a) The F87[adjudication officer] shall, on the hearing of any matter referred to it under this section, have power to take evidence on oath and for that purpose may cause to be administered oaths to persons attending as witnesses at such hearing.
(b) Any person who, upon examination on oath authorised under this subsection, wilfully and corruptly gives false evidence or wilfully and corruptly swears anything which is false, being convicted thereof, shall be liable to the penalties for wilful and corrupt perjury.
(c) The F87[adjudication officer] may, by giving notice in that behalf in writing to any person, require such person to attend at such time and place as is specified in the notice to give evidence in relation to any matter referred to the F87[adjudication officer] under this section or to produce any documents in his possession, custody or control which relate to any such matter.
(d) A notice under paragraph (c) may be given either by delivering it to the person to whom it relates or by sending it by post in a prepaid registered letter addressed to such person at the address at which he ordinarily resides.
(e) A person to whom a notice under paragraph (c) has been given and who refuses or wilfully neglects to attend in accordance with the notice or who, having so attended, refuses to give evidence or refuses or wilfully fails to produce any document to which the notice relates shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding F91[€5,000].
(18) The Tribunal shall submit an annual report to the Minister which shall be published.
(19) The Minister may make regulations giving effect to this section and such regulations may, in particular but without prejudice to the generality of the foregoing, provide for all or any of the following matters—
(a) the procedure to be followed regarding the submission of appeals to the F87[Director General],
(b) the times and places of hearings by F87[an adjudication officer],
(c) the representation of parties attending hearings byF87[an adjudication officer],
(d) procedure regarding the hearing of appeals byF87[an adjudication officer],
(e) publication and notification of decisions of F87[an adjudication officer],
(f) notices relating to appeals or hearings byF87[an adjudication officer],
(g) the award by F87[an adjudication officer] of costs and expenses and the payment of such awards,
(h) an official seal of the Tribunal,
(i) for treating the Minister as a party to any proceedings before F87[an adjudication officer] where he would not otherwise be a party to them and entitling him to appear and be heard accordingly.
Penalties
78.—(1) A person guilty of an offence under section 39(17)(e) of the Redundancy Payments Act 1967 as applied to this Act by section 29 (7), or 77(1) is liable on summary conviction to a fine not exceeding [€5,000].
…
C18
Application of subs. (15) extended (6.04.1979) by Redundancy Payments Act 1979 (7/1979), s. 7(5), S.I. No. 95 of 1979. Reference to “Employment Appeals Tribunal” to be construed as reference to “Workplace Relations Commission” by Workplace Relations Act 2015 (16/2015), s. 66(2); not commenced as of date of revision.
Employee’s right to time off for certain purposes while under notice of dismissal for redundancy.
7.— …
(5) Any dispute arising under this section shall be deemed to be a decision referred to in section 39 (15) of the Principal Act, and any amount ordered by the Employment Appeals Tribunal to be paid by an employer to an employee shall be recoverable as a simple contract debt in a court of competent jurisdiction.
C19
Application of section extended (1.09.1971) by Redundancy Payments Act 1971 (20/1971) s. 15(1), S.I. No. 230 of 1971.
Provisions relating to special redundancy schemes.
15.—(1) Any dispute arising under a special redundancy scheme may be referred by a party to the scheme to the Tribunal and shall be deemed to be a question referred under section 39 of the Principal Act to the Tribunal for a decision on the question.
…
Appeal to Labour Court from decision of adjudication officer
39A. Section 44 of the Act of 2015 shall apply to a decision of an adjudication officer given in relation to an appeal under subsection (15), or a question referred to the Director General under subsection (16), of section 39 of this Act as it applies to a decision of an adjudication officer under section 41 of that Act, subject to the following modifications:
(a) the substitution of the following subsection for subsection (1):
‘(1) (a) A party to an appeal under subsection (15), or proceedings in relation to a question referred to the Director General under subsection (16), of section 39 of the Act of 1967 may appeal a decision of an adjudication officer given in that appeal or those proceedings to the Labour Court and, where the party does so, the Labour Court shall—
(i) give the parties to the second-mentioned appeal an opportunity to be heard by it and to present to it any evidence relevant to the appeal,
(ii) make a decision in relation to the appeal affirming, varying or setting aside the decision of the adjudication officer to which the appeal relates, and
(iii) give the parties to the appeal a copy of that decision in writing.
(b) The Labour Court shall have power to make any decision in an appeal under this paragraph that an adjudication officer has power to make on the hearing of an appeal under subsection (15), or a question referred to the Director General under subsection (16), of section 39 of the Act of 1967.’
and
(b) any other necessary modifications.]
Annotations:
Amendments:
F93
Inserted (1.10.2015) by National Minimum Wage (Low Pay Commission) Act 2015 (22/2015), s. 13(1), commenced by S.I. No. 410 of 2015 as per subs. (2).
Editorial Notes:
E101
Previous affecting provision: section inserted by Workplace Relations Act 2015 (16/2015), s. 76(1)(d), not commenced; deleted (1.10.2015) by National Minimum Wage (Low Pay Commission) Act 2015 (22/2015), s. 20(1)(k), S.I. No. 411 of 2015.
Appeal to High Court on point of law
40. A party to proceedings before the Labour Court under this Part may, not later than 42 days from the service on that party of notice of the decision of the Labour Court in those proceedings, appeal that decision to the High Court on a point of law, and the decision of the High Court in relation thereto shall be final and conclusive.]
Annotations:
Amendments:
F94
Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 76(1)(e), S.I. No. 410 of 2015, subject to transitional provisions in subs. (2).
Editorial Notes:
E102
Previous affecting provision: section amended (1.05.1990) by Social Welfare Act 1990 (5/1990), s. 26(c) and table, commenced as per s. 31; substituted as per F note above.
E103
Previous affecting provision: section substituted (1.09.1971) by Redundancy Payments Act 1971 (20/1971), s. 9, S.I. No. 230 of 1971; subsequently substituted as per F note above.
Revision of decisions.
41.—(1) A deciding officer may, at any time and from time to time, revise any decision of a deciding officer, if it appears to him that the decision was erroneous in the light of new evidence or of new facts which have been brought to his notice since the date on which it was given or by reason of some mistake having been made with respect to the law or the facts, or if it appears to him in a case where a weekly payment has been payable that there has been any relevant change of circumstances since the decision was given, and the provisions of this Act as to appeals shall apply to such revised decision in the same manner as they apply to an original decision.
(2) Subsection (1) shall not apply to a decision relating to a matter which is on appeal or reference under section 39 unless the revised decision would be in favour of a claimant for a weekly payment.
(3) A revised decision given by a deciding officer shall take effect as follows:—
(a) where redundancy payment will, by virtue of the revised decision, be disallowed or reduced and the revised decision is given owing to the original decision having been given, or having continued in effect, by reason of any statement or representation (whether written or oral) which was to the knowledge of the person making it false or misleading in a material respect or by reason of the wilful concealment of any material fact, it shall take effect as from the date on which the original decision took effect, but, in a case in which the redundancy payment is by way of periodical payment, the original decision may, in the discretion of the deciding officer continue to apply to any period covered by such original decision to which such false or misleading statement or representation or such wilful concealment of any material fact does not relate;
(b) in any other case, it shall take effect as from the date considered appropriate by the deciding officer, but any payment already made at the date of the revision shall not be affected.
(4) Regulations may provide for the treating of any redundancy payment paid to an employee under a decision of a deciding officer, which it is subsequently decided was not payable, as paid on account of any other redundancy payment which it is decided was payable to that employee or for the repayment of any such payment and the recovery thereof by deduction or otherwise.
(5) Reference in this section to revision includes reference to revision consisting of a reversal.
Annotations:
Editorial Notes:
E104
Power pursuant to section exercised (3.01.1968) by Redundancy (Repayment and Recovery of Payments) Regulations 1968 (S.I. No. 5 of 1968).
Provisions relating to winding up and bankruptcy.
42.—F95[(1) There shall be included among the debts which, under section 285 of the Companies Act, 1963, are, in the distribution of the assets of a company being wound up, to be paid in priority to all other debts, all contributions F96[…] payable by the company under this Act during the twelve months before the commencement of the winding up or the winding-up order and any lump sum (or portion of a lump sum) payable under this Act by such a company, and the said section 285 shall have effect accordingly, and formal proof of the debts to which priority is given under this subsection shall not be required except in cases where it may otherwise be provided by rules made under the Companies Act, 1963.]
(2) Subsection (1) shall not apply where a company is wound up voluntarily merely for the purposes of reconstruction or of amalgamation with another company.
F95[(3) There shall be included among the debts which, under section 4 of the Preferential Payments in Bankruptcy (Ireland) Act, 1889, are, in the distribution of the property of a bankrupt or arranging debtor, to be paid in priority to all other debts, all contributions F96[…] payable under this Act by the bankrupt or arranging debtor during the twelve months before the date of the order of adjudication in the case of a bankrupt or the filing of the petition for arrangement in the case of an arranging debtor and any lump sum (or portion of a lump sum) payable under this Act by a bankrupt or arranging debtor, and the said section 4 shall have effect accordingly, and formal proof of the debts to which priority is given under this subsection shall not be required except in cases where it may otherwise be provided by general orders made under the Preferential Payments in Bankruptcy (Ireland) Act, 1889.]
(4) Every assignment of or charge on, and every agreement to assign or charge, a weekly payment shall be void and on the bankruptcy of any person entitled to a weekly payment the weekly payment shall not pass to the official assignee in bankruptcy or any trustee or other person acting on account of the creditors.
(5) Nothing in section 53 of the Bankruptcy (Ireland) Amendment Act, 1872, or in section 286 of the Companies Act, 1963, shall apply to any redundancy payments made by an employer.
Annotations:
Amendments:
F95
Substituted (6.04.1979) by Redundancy Payments Act 1979 (7/1979), s. 14, S.I. No. 95 of 1979.
F96
Deleted (6.04.1991) by Social Welfare Act 1991 (7/1991) s. 39(1) and sch. C, commenced as per s. 39(3).
Recovery of sums due to Redundancy Fund.
43.—All moneys due to the Social Insurance Fund under this Act shall be recoverable as debts due to the State and, without prejudice to any other remedy, may be recovered by the Minister as a debt under statute in any court of competent jurisdiction.]
Annotations:
Amendments:
F97
Substituted (1.05.1990) by Social Welfare Act 1990 (5/1990), s. 26(d), commenced as per s. 31.
Various Powers of Minister
Application of section 52 of the Act of 1952.
F98[44.—Section 115 (other than subsections (3) and (5) thereof) of the Social Welfare (Consolidation) Act, 1981, shall apply in relation to benefits under this Act as it applies to benefits and other payments under the Social Welfare (Consolidation) Act, 1981.]
Annotations:
Amendments:
F98
Substituted (6.04.1991) by Social Welfare Act 1991 (7/1991), s. 39(1) and sch. C, commenced as per s. 39(3).
Application of Section 53 of Act of 1952.
45.—Section 53 of the Act of 1952 shall apply in relation to offences under this Act or under regulations thereunder as it applies to offences under the Act of 1952 or to offences under regulations thereunder, save that in the said application reference in the said section 53 to the Minister for Social Welfare shall be construed as reference to the Minister.
Aid to unemployed persons changing residence.
46.—F99[(1) The Minister may, for the purpose of promoting national economic policy, make with the consent of the Minister for Finance regulations providing for financial assistance out of moneys provided by the Oireachtas—
(a) to persons who are obliged to change their normal place of residence in order to take up employment offered or approved by the National Manpower Service, or
(b) to enable persons to travel for selection for training at approved training centres or to undertake courses of training at such centres.]
(2) Without prejudice to the generality of subsection (1), regulations under this section—
(a) may provide for the payment or recoupment, in whole or in part, of the costs of transport (including the transport of household effects) arising out of a change of residence and for allowances in respect of lodgings, and
(b) may impose conditions, time limits and financial limits in respect of any moneys payable under the regulations.
(3) Notwithstanding anything contained in section 4, regulations under this section may apply to workers belonging to a class excluded from this Act by the said section 4.
Annotations:
Amendments:
F99
Substituted (1.09.1971) by Redundancy Payments Act 1971 (20/1971), s. 18, S.I. No. 230 of 1971.
Modifications (not altering text):
C20
Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2).
2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under the provisions of —
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
…
5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
…
Special redundancy schemes for employees excluded from Act.
47.—(1) The Minister may, in respect of a class of employee excluded from this Act by section 4 or by an order made thereunder, and after consultation with representatives of employers interested in the form of work normally carried on by employees of that class and with representatives of employees so interested, prepare and cause to be carried out a scheme (in this Act referred to as a special redundancy scheme) providing in accordance with the terms of the special redundancy scheme for redundancy payment to employees of that class.
(2) Whenever the Minister has prepared a special redundancy scheme he shall, as soon as he thinks fit after such preparation, make an order providing for the carrying into effect on a specified date of that special redundancy scheme, and from that date that scheme shall be so carried into effect.
Power to modify or wind-up schemes for superannuation and redundancy payments.
49.—Any scheme or arrangement for the provision of pensions, compensation for redundancy or other benefits (including any scheme or arrangement established or provided by or under, or having statutory force by virtue of, any enactment and any scheme evidenced only by one or more policies of insurance) may be modified, or wound up, in connection with the establishment under this Act of a scheme for the provision of redundancy payments by agreement between the parties concerned in the scheme or arrangement.
Application of Probation of Offenders Act, 1907.
50.—F100[…]
Annotations:
Amendments:
F100
Deleted (6.04.1991) by Social Welfare Act 1991 (7/1991), s. 39(1) and sch. C, commenced as per s. 39(3).
Voidance of purported exclusion of provisions of this Act.
51.—Any provision in an agreement (whether a contract of employment or not) shall be void in so far as it purports to exclude or limit the operation of any provision of this Act.
Offences by bodies corporate.
52.—Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Administrative Matters.
53.—(1) Any notice which under this Act is required or authorised to be given by an employer to an employee may be given by being delivered to the employee, or left for him at his usual or last-known place of residence, or sent by post addressed to him at that place.
(2) Any notice which under this Act is required or authorised to be given by an employee to an employer may be given either by the employee himself or by a person authorised by him to act on his behalf, and, whether given by or on behalf of the employee,—
(a) may be given by being delivered to the employer, or sent by post addressed to him at the place where the employee is or was employed by him, or
(b) if arrangements in that behalf have been made by the employer, may be given by being delivered to a person designated by the employer in pursuance of the arrangements, or left for such a person at a place so designated, or sent by post to such a person at an address so designated.
(3) In this section reference to the delivery of a notice shall, in relation to a notice not required by this Act to be in writing, be construed as including a reference to the oral communication of the notice.
(4) Any notice which, in accordance with this section, is left for a person at a place referred to in this section shall, unless the contrary is proved, be presumed to have been received by him on the day on which it was left there.
(5) Nothing in subsection (1) or (2) shall be construed as affecting the capacity of an employer to act by a servant or agent for the purposes of any provision (including either of those subsections) of this Act.
Certificate of decision by deciding officer.
54.—A document purporting to be a certificate of a decision made pursuant to this Act or regulations by a deciding officer and to be signed by him shall be prima facie evidence of the making of the said decision, and of the terms thereof, without proof of the signature of such officer or of his official capacity.
Power to remove difficulties.
55.—(1) If in any respect any difficulty arises in bringing into operation this Act or any amendment or repeal effected by this Act, the Minister may by order do anything which appears to be necessary or expedient for bringing this Act into operation, and any such order may modify a provision of this Act so far as may appear necessary or expedient for carrying the order into effect.
(2) Every order made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution is passed by either House of the Oireachtas within the next twenty-one days on which that House has sat after the order is laid before it annulling such order, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done under the order.
(3) No order may be made under this section after the expiration of one year after the commencement of this Act.
Annotations:
Editorial Notes:
E112
Power pursuant to section exercised (7.05.1968) by Redundancy Payments Act (Authorised Officers) Order 1968 (S.I. No. 106 of 1968).
Expenses of Minister.
56.—(1) Any expenses incurred by the Minister or any other Minister in carrying this Act into effect shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
(2) There shall be paid to the Minister for Finance out of the F101[Social Insurance Fund], at such times and in such manner as the Minister for Finance may direct, such sums as the Minister may estimate, on such basis as may be agreed upon between him and the Minister for Finance, to be the part of the said expenses of the Minister or any other Minister in carrying into effect section 39 F102[and section 40], and any sums so paid shall be appropriated in aid of moneys provided by the Oireachtas for carrying this Act into effect.
(3) In estimating expenses for the purposes of subsection (2), there shall be included such amount as, in the opinion of the Minister for Finance, represents the amount of the accruing liability in respect of any superannuation or other retiring allowances, lump sums or gratuities accruing in respect of the employment of any officer or other person for the purposes of this Act.
Regulations providing for offences.
58.—The Minister may by regulations provide for offences consisting of contraventions of or failure to comply with a provision of this Act or of contraventions of or failure to comply with regulations under this Act and for the recovery on summary conviction of such offences of fines not exceeding specified amounts not exceeding F103[£50], together with, in the case of continuing offences, further such fines in respect of each of the days on which the offences are continued.
SCHEDULE 3
Amount of Lump Sum
Section 19.
F112[1. (1) The amount of the lump sum shall be equivalent to the aggregate of the following:
(a) the product of two weeks of the employee’s normal weekly remuneration and the number of years of continuous employment from the date on which the employee attained the age of 16 years with the employer by whom the employee was employed on the date of dismissal or by whom the employee was employed when the employee gave notice of intention to claim under section 12, and
(b) a sum equivalent to the employee’s normal weekly remuneration.
(2) In calculating the amount of the lump sum, the amount per annum to be taken into account shall be that obtaining under section 4(2) of the Redundancy Payments Act 1979 at the time the employee is declared redundant.]
F112[2. If the total amount of reckonable service is not an exact number of years, the “excess” days shall be credited as a proportion of a year.]
F112[3. (a) For the purpose of ascertaining, for the purposes of paragraph 1, the number of years of continuous employment, the number of weeks in the period of continuous employment shall be ascertained in accordance with this Schedule and the result shall be divided by 52.
(b) In ascertaining the number of weeks in the period of continuous employment, a week which under this Schedule is not allowable as reckonable service shall be disregarded.]
Continuous Employment
4. For the purposes of this Schedule employment shall be taken to be continuous unless terminated by dismissal or by the employee’s voluntarily leaving the employment F113[, but for the purposes of this paragraph ‘dismissal’ does not include a dismissal within the meaning of the Unfair Dismissals Act, 1977, and in respect of which redress has been awarded under section 7 (1) (a) or 7 (1) (b) of that Act].
F114[4A. Notwithstanding anything in paragraph 4 (and anything in clause (b) of the definition of “date of dismissal” in section 2), the period of notice due to an employee under section 4 (2) (a) of the Minimum Notice and Terms of Employment Act, 1973, but not given by the employer, shall, where the Tribunal so orders, be allowed as continuous service for redundancy purposes where, but for the failure of the employer to comply with the provisions of that Act, the employee would have qualified for redundancy payment.]
F115[5. Where an employee’s period of service has been interrupted by any one of the following—
(a) any period by reason of—
(i) sickness,
(ii) lay-off,
(iii) holidays,
(iv) service by the employee in the Reserve Defence Forces of the State,
(v) any cause (other than the voluntary leaving of the employment concerned by the employee) not mentioned in clauses (i) to (iv) but authorised by the employer,
F116[(b) a period during which, in accordance with the Adoptive Leave Acts 1995 and 2005, an adopting parent was absent from work while on adoptive leave or additional adoptive leave or while attending certain pre-adoption classes or meetings,]
F117[(c) a period during which an employee was absent from work—
(i) while on protective leave or natal care absence, within the meaning of Part IV of the Maternity Protection Act 1994 or to attend ante-natal classes in accordance with section 15A (inserted by section 8 of the Maternity Protection (Amendment) Act 2004), or for breastfeeding in accordance with section 15B (inserted by section 9 of the Maternity Protection (Amendment) Act 2004), of the first-mentioned Act,
(ii) while on parental leave or force majeure leave, or
(iii) while on carer’s leave under the Carer’s Leave Act 2001,]
(d) any period during which an employee was absent from work because of a lock-out by the employer or because the employee was participating in a strike, whether such absence occurred before or after the commencement of this Act,
F118[(e) any period during which an employee was absent from work while on paternity leave or transferred paternity leave under the Paternity Leave and Benefit Act 2016,]
continuity of employment shall not be broken by such interruption whether or not notice of termination of the contract of employment has been given.]
F119[(5A) If an employee is dismissed by reason of redundancy before attaining the period of 104 weeks referred to in section 7 (5) (as amended) of the Principal Act and resumes employment with the same employer within 26 weeks, his employment shall be taken to be continuous.]
F120[6. Where a trade or business or an undertaking (whether or not it be an undertaking established by or under an Act of the Oireachtas), or part of a trade or business or of such an undertaking, was or is transferred from one person to another, the period of employment of an employee in the trade, business or undertaking (or in the part of the trade, business or undertaking) at the time of the transfer shall count as a period of employment with the transferee, and the transfer shall not break the continuity of the period of employment.]
Reckonable Service
7. For the purposes of this Schedule, a week falling within a period of continuous employment and during which (or during any part of which) the employee concerned either was actually at work, or was absent therefrom by reason of sickness, F121[a dismissal within the meaning of the Unfair Dismissals Act, 1977, and in respect of which redress has been awarded under section 7 (1) (a) or 7 (1) (b) of that Act,] holidays or any other arrangement with his employer shall, subject to paragraph 8, be allowable as reckonable service.
F122[8. During, and only during, the 3 year period ending with the date of termination of employment, none of the following absences shall be allowable as reckonable service—
(a) absence in excess of 52 consecutive weeks by reason of an occupational accident or disease within the meaning of the Social Welfare (Consolidation) Act 1993,
(b) absence in excess of 26 consecutive weeks by reason of any illness not referred to in subparagraph (a),
(c) absence by reason of lay-off by the employer.
8A. The following absences shall be allowable as reckonable service:
F123[(a) a period during which, in accordance with the Adoptive Leave Acts 1995 and 2005, an adopting parent was absent from work while on adoptive leave or additional adoptive leave or while attending certain pre-adoption classes or meetings,]
F124[(b) a period during which an employee was absent from work—]
(i) while on protective leave or natal care absence, within the meaning of Part IV of the Maternity Protection Act 1994 or to attend ante-natal classes in accordance with section 15A (inserted by section 8 of the Maternity Protection (Amendment) Act 2004), or for breastfeeding in accordance with section 15B (inserted by section 9 of the Maternity Protection (Amendment) Act 2004), of the first-mentioned Act,
(ii) while on parental leave or force majeure leave, or
(iii) while on carer’s leave under the Carer’s Leave Act 2001,
F125[(ba) a period during which, in accordance with the Paternity Leave and Benefit Act 2016, an employee was absent from work while on paternity leave or transferred paternity leave within the meaning of that Act,]
(c) any absences not mentioned in F126[paragraphs (a), (b) or (ba)] but authorised by the employer.]
9. Absence from work by reason of a strike in the business or industry in which the employee concerned is employed and which occurred before the commencement of this Act shall be allowable as reckonable service.
F127[10. During, and only during, the 3 year period ending with the date of termination of employment, absence from work by reason of a strike in the business or industry in which the employee concerned is employed shall not be allowable as reckonable service.]
11. Absence from work by reason of a lock-out shall be allowable as reckonable service.
12. Absence from work by reason of a strike or lock-out in a business or industry other than that in which the employee concerned is employed shall be allowable as reckonable service if it occurred before the commencement of this Act.
Normal Weekly Remuneration
13. For the purposes of this Schedule, in the case of an employee who is paid wholly by an hourly time rate or by a fixed wage or salary, and in the case of any other employee whose remuneration does not vary in relation to the amount of work done by him, his normal weekly remuneration shall be taken to be his earnings (including any regular bonus or allowance which does not vary in relation to the amount of work done F128[and any payment in kind]) for his normal weekly working hours as at the date on which he was declared redundant, together with, in the case of F129[an employee who is normally expected to work overtime], his average weekly overtime earnings as determined in accordance with paragraph 14.
14. For the purpose of paragraph 13 the average weekly overtime earnings shall be determined by ascertaining the total amount of overtime earnings of the employee concerned in the period of 26 weeks which ended 13 weeks before the date on which the employee was declared redundant and dividing that amount by 26.
15. For the purpose of paragraph 14 any week during which the employee concerned did not work shall be disregarded and the most recent week before the 26-week period mentioned in paragraph 14 shall be taken into account instead of the week during which the employee did not work.
16. (i) In the case of an employee who is paid wholly or partly by piece rates, bonuses or commissions (being piecerates, bonuses or commissions related directly to his output) and in the case of any other employee whose remuneration varies in relation to the amount of work done by him, his normal weekly remuneration shall be taken to be the amount as calculated in accordance with subparagraph (ii).
(ii) For the purposes of subparagraph (i) normal weekly remuneration shall be calculated by dividing the remuneration to be taken into account in accordance with subparagraph (iii) by the number of hours ascertained in accordance with subparagraph (vi) and multiplying the resulting hourly rate by the normal weekly working hours of the employee concerned at the date on which he was declared redundant.
(iii) The remuneration to be taken into account for the purposes of subparagraph (ii) shall be the total remuneration paid to the employee concerned for all the hours worked in the period of 26 weeks which ended 13 weeks before the date on which the employee was declared redundant, adjusted in respect of any variations in the rates of pay which became operative during the period of 13 weeks ending on the date on which the employee was declared redundant.
(iv) For the purposes of subparagraph (iii), weeks worked with different employers may be taken into account if the change of employer did not affect the employee’s continuous employment as provided by paragraphs 4 to 6.
(v) For the purposes of subparagraph (iii), any week during which the employee did not work shall be disregarded and the most recent week before the 26-week period mentioned in subparagraph (iii) shall be taken into account instead of the week during which the employee did not work.
(vi) The number of hours to be taken into account for the purposes of subparagraph (ii) shall be the total number of hours worked in the period of 26 weeks mentioned in subparagraph (iii).
17. Where an employee receives additional remuneration for working more than a fixed number of hours, that fixed number of hours shall, for the purposes of paragraphs 13 and 16 (ii), be taken to be his normal weekly working hours, unless by his contract of employment he is required to work for more than that fixed number of hours, and in the last mentioned case the higher number of hours required by the contract shall be taken to be his normal weekly working hours.
18. Where in a particular week an employee qualifies for a payment of a bonus, pay allowance or commission which relates to more than the work done in that week, the appropriate portion of the payment may be taken into account under paragraphs 13 and 16 (iii).
19. An employee who is normally employed on a shift cycle and whose remuneration varies in relation to the particular shift he works, and an employee whose remuneration for his normal number of working hours varies in relation to the day of the week or the times of the day or night over which those hours are spread, shall be taken to be each an employee who is paid wholly or partly by piece-rates.
20. For the purposes of this Schedule, in the case of an employee who has no normal working hours, his normal weekly remuneration shall be taken to be the average weekly remuneration, including any bonus, pay allowance or commission, received by the employee concerned over the period of 52 weeks during which he was actually working immediately prior to the date on which he was declared redundant.
21. The date on which an employee is declared redundant shall for the purposes of this Schedule be taken to be the date on which a notice of proposed dismissal was given to the employee in accordance with section 17 or, where a redundancy payment is claimed in accordance with section 12, the first day of the series of weeks of lay-off or short-time referred to in section 7 (3).
22. Where under this Schedule account is to be taken of remuneration or other payments for a period which does not coincide with the periods for which the remuneration or other payments are calculated, part of the remuneration or other payments shall be duly apportioned in such manner as may be just.
23. For the purposes of paragraphs 13 and 16, account shall not be taken of any sums paid to an employee by way of recoupment of expenses necessarily incurred by him in the proper discharge of the duties of his employment.
Miscellaneous
24. In this Schedule—
F130[…]
“strike” and “lock-out” have the meanings respectively assigned to them by section 6.
S.I. No. 695/2004 –
Redundancy Payments (Lump Sum) Regulations 2004
STATUTORY INSTRUMENTS.
S.I. No. 695 of 2004 .
REDUNDANCY PAYMENTS (LUMP SUM) REGULATIONS 2004.
S.I. No. 695 of 2004 .
REDUNDANCY PAYMENTS (LUMP SUM) REGULATIONS 2004.
I, MICHEL MARTIN, Minister for Enterprise, Trade and Employment, in exercise of the powers conferred on me by section 4(2)(a) of the Redundancy Payments Act 1979 (No. 7 of 1979), the Labour (Transfer of Departmental Administration and Ministerial Functions) Order 1993 ( S.I. No. 18 of 1993 ) and the Enterprise and Employment (Alteration of Name of Department and Title of Minister) Order 1997 ( S.I. No. 305 of 1997 ), with the consent of the Minister for Finance, and having taken into account the matters referred to in section 4(3) of that Act, hereby make the following regulations:
1. These Regulations may be cited as the Redundancy Payments (Lump Sum) Regulations 2004 and shall come into operation on the 1st day of January, 2005.
2. The amount referred to in paragraph 2 of Schedule 3 of the Redundancy Payments Act 1967 (No. 21 of 1967) (inserted by section 4(1) of the Redundancy Payments Act 1979 (No. 7 of 1997), and varied by the Redundancy Payments (Lump Sum) Regulations 2001 ( S.I. No. 41 of 2001 )) is varied by substituting “€31,200” for “ £20,800”.
/images/seal.jpg
GIVEN under my Official Seal, 4th November, 2004.
MICHEL MARTIN,
Minister for Enterprise, Trade and Employment.
The Minister for Finance hereby consents to the making of the foregoing Regulations.
/images/seal.jpg
GIVEN under the Official Seal of the Minister for Finance, 4th November, 2004.
BRIAN COWEN,
Minister for Finance.
EXPLANATORY NOTE.
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
The purpose of these Regulations is to raise the ceiling on annual reckonable earnings to be taken into account in the calculation of a statutory redundancy lump sum payment from €26,411 (€507.90 per week) (being £20,800 at the date of the last increase on 1st April, 2001 or £400 per week) to €31,200, (€600 per week) from 1st January, 2005. The critical date for determining whether the higher ceiling should apply in any particular case is the date on which notification of proposed dismissal by reason of redundancy is issued.
The text in italics on this page is sourced from lawreform.ie and is re-published under the Licence for Re-Use of Public Sector Information made pursuant to Directive 2003/98/EC Directive 2013/37/EU of the European Parliament and of the Council on the re-use of public sector information transposed into Irish law by the European Communities (Re-Use of Public Sector Information) Regulations 2005 to 2015.
S.I. No. 48/1988 –
Protection of Employees (Employers’ Insolvency) Act, 1984 (Amendment Order) Order, 1988.
PROTECTION OF EMPLOYEES (EMPLOYERS’ INSOLVENCY) ACT, 1984 (AMENDMENT ORDER) ORDER, 1988.
I, BERTIE AHERN, Minister for Labour, in exercise of the powers conferred on me by Section 11 of the Protection of Employees (Employers’ Insolvency) Act, 1984 (No. 21 of 1984), hereby order as follows:—
1. This Order may be cited as the Protection of Employees (Employers’ Insolvency) Act, 1984 , (Amendment Order) Order, 1988.
2. The application of the Protection of Employees (Employers’ Insolvency) Act, 1984 is hereby extended to employees who have attained the age of 66 years and who are in employment which, but for the age of the employees, would be insurable for all benefits under the Social Welfare Acts, 1981 to 1987.
Given under my Official Seal, this 25th day of March, 1988.
BERTIE AHERN,
Minister for Labour.
EXPLANATORY NOTE
This Order extends the Protection of Employees (Employers’ Insolvency) Act, 1984 , to employees over the age of 66 years who are debarred from receiving payments from the Redundancy and Employers’ Insolvency Fund because they are not fully insurable due to their age.
S.I. No. 696/2004 –
Protection of Employees (Employers’ Insolvency) (Variation of Limit) Regulations 2004
STATUTORY INSTRUMENTS.
S.I. No. 696 of 2004 .
PROTECTION OF EMPLOYEES (EMPLOYERS’ INSOLVENCY) (VARIATION OF LIMIT) REGULATIONS 2004.
S.I. No. 696 of 2004 .
PROTECTION OF EMPLOYEES (EMPLOYERS’ INSOLVENCY) (VARIATION OF LIMIT) REGULATIONS 2004.
I, MICHEL MARTIN, Minister for Enterprise, Trade and Employment, in exercise of the powers conferred on me by section 11(5) of the Protection of Employees (Employers’ Insolvency) Act 1984 (No. 21 of 1984) and the Labour (Transfer of Departmental Administration and Ministerial Functions) Order 1993 ( S.I. No. 18 of 1993 ) as adapted by the Enterprise and Employment (Alteration of Name of Department and Title of Minister) Order 1997 ( S.I. No. 305 of 1997 ), hereby make the following regulations:
1. These Regulations may be cited as the Protection of Employees (Employers’ Insolvency) (Variation of Limit) Regulations 2004.
2. In these Regulations the “Act of 1984” means the Protection of Employees (Employers’ Insolvency) Act 1984 (No. 21 of 1984).
3. (1) Section 6(4)(a) of the Act of 1984 is amended by substituting “€600” for “ £400.00” (inserted by the Protection of Employees (Employers’ Insolvency) (Variation of Limit) Regulations 2001 ( S.I. No. 42 of 2001 )) in each place where it occurs in respect of debts to which that Act applies and where the relevant date is not earlier than the 1st day of January 2005.
(2) In this Regulation “the relevant date” has the meaning assigned to it by section 6(9) of the Act of 1984.
/images/seal.jpg
GIVEN under my Official Seal, this 4th day of November 2004.
MICHE�?L MARTIN,
Minister for Enterprise, Trade and Employment.
EXPLANATORY NOTE.
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations increase the maximum amount of weekly pay which may be used for the purposes of calculating employee entitlements under the Protection of Employees (Employers’ Insolvency) Act 1984 from €507.90 to €600.00. The increased limit will apply to entitlements arising under the Act where the relevant date is on or after 1st January 2005. (The relevant date is normally the date of insolvency of the employer. However, in certain circumstances the employee has the option of nominating either the date of insolvency or the date of termination of employment, whichever date is the more favourable.)
S.I. No. 504/2011 –
Protection of Employees (Employers’ Insolvency) Procedures Regulations 2011.
I, JOAN BURTON, Minister for Social Protection, in exercise of the powers conferred on me by sections 6 , 7 and 16 of the Protection of Employees (Employers’ Insolvency) Act, 1984 (No. 21 of 1984) and the Redundancy and Insolvency Payments (Transfer of Departmental Administration and Ministerial Functions) Order 2010 ( S.I. No. 189 of 2010 ), hereby make the following Regulations:
Short title.
1. These Regulations may be cited as the Protection of Employees (Employers’ Insolvency) Procedures Regulations 2011.
Definitions.
2. (1) In these Regulations—
“Act” means the Protection of Employees (Employers’ Insolvency) Act 1984 ;
“Department” means the Department of Social Protection;
“Minister” means the Minister for Social Protection;
“relevant officer” has the meaning given to it by Section 1.
(2) In these Regulations, unless otherwise indicated—
(a) a reference to any enactment shall be construed as a reference to that enactment as amended by any other enactment,
(b) a reference to a section is to a section of the Act, and
(c) a reference to a Regulation or Schedule is to a Regulation of, or Schedule to, these Regulations.
Making Claims under Sections 6 and 7.
3. (1) An application under section 6 or 7 of the Act shall be made, in such manner as the Minister may from time to time determine, to a relevant officer or person appointed under section 5 who shall examine it and, as soon as may be, forward it to the Insolvency Payments Section of the Department.
(2) Where there is not for the time being in relation to such employer a relevant officer, an application may be sent to the Secretary General of the Department.
(3) Payments in respect of applications under section 6 and 7 shall be made to the relevant officer or person appointed under section 5 unless there are particular reasons which require that payment be made directly to the applicant.
(4) Where a payment has been made on foot of an application under section 6 or 7 to a relevant officer or person appointed under section 5, such relevant officer or person shall make the appropriate payment to the applicant and, as soon as may be, shall confirm the payment in writing to the Insolvency Payments Section of the Department.
Revocation.
4. The Protection of Employees (Employers’ Insolvency) (Forms and Procedure) Regulations 2005 ( S.I. No. 682 of 2005 ) are revoked.
/images/ls
GIVEN under my Official Seal,
30 September 2011.
JOAN BURTON,
Minister for Social Protection.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
The purpose of these Regulations is to prescribe the procedures for making claims under Section 6 and Section 7 of the Protection of Employees (Employers’ Insolvency) Act 1984 . The Regulations also revoke Protection of Employees (Employers’ Insolvency) (Forms and Procedure) Regulations 2005 ( S.I. No. 682 of 2005 ).
S.I. No. 730/2020 –
Protection of Employees (Employers’ Insolvency) Act 1984 (Transfer of Personal Data) Regulations 2020
I, LEO VARADKAR, Minister for Enterprise, Trade and Employment, in exercise of the powers conferred on me by section 8A of the Protection of Employees (Employers’ Insolvency) Act 1984 (No. 21 of 1984) (as adapted by the Business, Enterprise and Innovation (Alteration of Name of Department and Title of Minister) Order 2020 (No. 519 of 2020)) hereby make the following regulations:
1. (1) These Regulations may be cited as the Protection of Employees (Employers’ Insolvency) Act 1984 (Transfer of Personal Data) Regulations 2020.
(2) The 31st day of December 2020 at 11.00 p.m. is appointed as the day on which and the time at which these Regulations shall come into operation.
2. In these Regulations, “Principal Act” means the Protection of Employees (Employers’ Insolvency) Act 1984 (No. 21 of 1984).
3. Where –
(a) an employer is insolvent under the laws, regulations and administrative procedures of the United Kingdom,
(b) the employees concerned are employed or habitually employed in the State, and
(c) the Minister receives an application under sections 6 or 7 (or both) of the Principal Act that –
(i) relates to that employer or those employees, and
(ii) has been made by or on behalf of a relevant officer, actuary or a person performing a similar task,
these Regulations apply to the transfer of personal data, and to the transfer of special categories of personal data, between the Minister and the relevant officer, actuary or a person performing a similar task in connection with the application.
4. (1) In considering an application referred to in Regulation 3, the Minister shall, in accordance with these Regulations, consider whether the transfer of personal data or special categories of personal data to or from the relevant officer, actuary or a person performing a similar task is necessary for the carrying out of the Minister’s functions under the Principal Act.
(2) A reference in paragraph (1) to considering an application includes –
(a) processing personal data and special categories of personal data that are relevant to the application, and
(b) considering any documentation submitted with or connected to the application that is relevant to such personal data.
5. In relation to an application referred to in Regulation 3, where the Minister considers that, for the purpose of carrying out of his or her functions under the Principal Act in respect of the application, he or she requires –
(a) personal data other than those provided as part of the application,
(b) special categories of personal data other than those provided as part of the application, or
(c) additional or further documentation relevant to such personal data or special categories of personal data,
the Minister shall request a transfer to the Minister from the relevant officer, actuary or person performing a similar task, of the personal data, special categories of personal data and additional or further documentation that the Minister considers to be necessary for the purpose of carrying out of his or her functions under the Principal Act.
6. In making a request under Regulation 5, the Minister may –
(a) to the extent necessary for specifying or identifying the personal data, or special categories of personal data, to which the request relates,
(b) to the extent that the data is necessary for the carrying out of functions under the Principal Act, and
(c) having regard to the principle of data minimisation,
transfer the personal data, or special categories of personal data, of an employee to the relevant officer, actuary or person performing a similar task.
7. Where a relevant officer, actuary or person performing a similar task provides the Minister with a response to a request under Regulation 5, the Minister shall process any personal data, special categories of personal data or documentation transferred as part of the response to the extent necessary to properly carry out his or her functions under the Principal Act.
8. If, in the course of carrying out his or her functions under section 10 of the Principal Act, the Minister issues a statement of debt to a relevant officer, actuary or a person performing a similar task, all or any the following may be transferred as part of the statement of debt:
(a) the personal data of an employee to whom that debt relates, in whole or in part;
(b) special categories of personal data of an employee to whom that debt relates, in whole or in part,
to the extent that those personal data, or special categories of personal data, are necessary for the carrying out of the Minister’s functions under the Principal Act.
/images/ls
GIVEN under my Official Seal,
30 December, 2020.
LEO VARADKAR,
Minister for Enterprise, Trade and Employment.
EXPLANATORY NOTE
(This note does not form part of the Instrument and does not purport to be a legal interpretation.)
These Regulations made under section 8A of the Protection of Employees (Employers’ Insolvency) Act 1984 provide for the exchange of information between the Minister and a relevant officer, actuary or a person performing a similar task, appointed to an employer which is in a state of insolvency under the laws of the United Kingdom.
The exchange of information is necessary to ensure that applications to the Insolvency Payments Scheme on behalf of employees who are in insurable employment in Ireland and whose employer is in state of insolvency under the laws of the United Kingdom can continue to be processed following the withdrawal of the United Kingdom from the European Union.