Redundancy Payments Act, 1979

Redundancy Payments Act, 1979 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1979 Redundancy Payments Act, 1979 Redundancy Payments Act, 1979 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Print Full ActPriontáil an tAcht Iomlán Number 7 of 1979 REDUNDANCY PAYMENTS ACT, 1979 ARRANGEMENT OF SECTIONS Section

Section 1

Definitions.

Section 2

Financing of Redundancy Fund.

Section 3

Contributions to Redundancy Fund.

Section 4

Provisions relating to lump sum under Principal Act, and consequential provisions.

Section 5

Provisions relation to persons reaching qualifying age for old age pension.

Section 6

Rebates to employers from Redundancy Fund.

Section 7

Employee's right to time off for certain purposes while under notice of dismissal for redundancy.

Section 8

Termination of entitlement to weekly payments.

Section 9

Amendment of section 10 of Principal Act.

Section 10

Amendment of section 11 of Principal Act.

Section 11

Amendment of section 15 of Principal Act.

Section 12

Application to certain cases of sections 10 and 11.

Section 13

Amendment of section 24 of Principal Act.

Section 14

Amendment of section 42 of Principal Act.

Section 15

Amendment of section 15 of Act of 1971.

Section 16

Power to remove difficulties.

Section 17

Miscellaneous amendments of Principal Act.

Section 18

Amendment of section 16 of Act of 1971.

Section 19

Repeals.

Section 20

Expenses.

Section 21

Short title, construction, collective citation and commencement.

SCHEDULE Miscellaneous Amendments of Principal Act Number 7 of 1979 REDUNDANCY PAYMENTS ACT, 1979 AN ACT TO AMEND AND EXTEND THE REDUNDANCY PAYMENTS ACTS, 1967 TO 1973, AND TO PROVIDE FOR OTHER CONNECTED MATTERS. [20th March, 1979] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Definitions.

1.—In this Act— “the Act of 1971” means the Redundancy Payments Act, 1971; “the Minister” means the Minister for Labour; “the Principal Act” means the Redundancy Payments Act, 1967 .

Financing of Redundancy Fund.

2.—Section 27 of the Principal Act is amended by the substitution of the following subsection for subsection (1): “(1) For the purpose of providing moneys for making payments which under this Act are to be made out of the Redundancy Fund there shall be paid into the Fund— (a) contributions by employers (in this Part referred to as ‘employers' redundancy contributions’), and (b) advances as provided for in subsection (2).”.

Contributions to Redundancy Fund.

3.—The following section is substituted for section 28 of the Principal Act (as amended by the Redundancy Payments Act, 1973 ): “28. (1) In relation to an employee to whom this Act applies, the employment contribution payable by his employer under section 6 (1) (b) (ii) (inserted by the Social Welfare (Amendment) Act, 1978 ), of the Act of 1952 shall be increased by the amount of the employer's redundancy contribution, and the employer's redundancy contribution shall be payable in respect of the reckonable earnings by reference to which the employment contribution is determined under the Social Welfare Acts, 1952 to 1978, and shall be calculated at the rate of 0.5 per cent of the amount of such reckonable earnings and shall be deemed to be an employment contribution within the meaning of those Acts.

Provisions relating to lump sum under Principal Act, and consequential provisions.

4.—(1) Schedule 3 of the Principal Act (as amended by the Act of 1971), which relates to the amount of the lump sum under the Principal Act, is amended by the insertion of the following paragraph after paragraph 1: “2. In calculating the amount of the lump sum any part of an employee's earnings per annum in excess of £5,000 shall be disregarded.”.

Provisions relating to persons reaching qualifying age for old age pension.

5.—The following section is substituted for section 3 of the Act of 1971: “3. Notwithstanding section 4 (1) of the Principal Act, that Act shall, with effect from the 6th day of April, 1980, not apply to a person who on the date of termination of his employment had attained the age which on that date is the pensionable age within the meaning of the Social Welfare Act, 1952 .”.

Rebates to employers from Redundancy Fund.

6.—The following section is substituted for section 29 of the Principal Act (inserted by the Act of 1971): “29. (1) Subject to this Part, the Minister shall make from the Redundancy Fund a payment to an employer of such sum (in this Part referred to as a rebate) as is equivalent in amount to 60 per cent of each lump sum paid by that employer under section 19.

Employee's right to time off for certain purposes while under notice of dismissal for redundancy.

7.—(1) This section applies to an employee who has not less than 104 weeks' service with an employer and has been given notice of proposed dismissal by reason of redundancy.

Termination of entitlement to weekly payments.

8.—(1) Subject to subsection (2) of this section, sections 30 and 31 of the Principal Act shall cease to have effect from the commencement of this section.

Amendment of section 10 of Principal Act.

9.—Section 10 of the Principal Act, which relates to anticipation by an employee of his employer's notice to terminate his contract, is amended by the insertion of the following subsection after subsection (3): “(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.”.

Amendment of section 11 of Principal Act.

10.—Section 11 of the Principal Act (as amended by the Act of 1971), which relates to lay-off and short-time, is amended by the substitution of the following subsection for subsections (2) and (3): “(2) Where— (a) for any week an employee's remuneration is less than one-half of his normal weekly remuneration or his hours of work are reduced to less than one-half of his normal weekly hours, (b) the reduction in remuneration or hours of work is caused by a diminution either in the work provided for the employee by his employer or in other work of a kind which under his contract the employee is employed to do. (c) it is reasonable in the circumstances for the employer to believe that the diminution in work will not be permanent and he gives notice to that effect to the employee prior to the reduction in remuneration or hours of work, the employee shall, for the purposes of this Part, be taken to be kept on short-time for that week.”.

Amendment of section 15 of Principal Act.

11.—Section 15 of the Principal Act (as amended by the Act of 1971), which relates to a refusal by an employee to accept alternative employment, is amended by the insertion of the following subsection after subsection (2A): “(2B) Where— (a) an employee's remuneration is reduced substantially but not to less than one-half of his normal weekly remuneration, or his hours of work are reduced substantially but not to less than one-half of his normal weekly hours, and (b) the employee temporarily accepts the reduction in remuneration or hours of work and indicates his acceptance to his employer, such a temporary acceptance for a period not exceeding 52 weeks shall not be taken to be an acceptance by the employee of an offer of suitable employment in relation to him.”.

Application to certain cases of sections 10 and 11.

12.—Where— (a) a dismissal (or termination of employment) occurred before the commencement of this section, (b) the employee concerned would have been entitled to redundancy payment if section 10 or 11 of this Act had been in operation on the date of dismissal or termination of employment, and (c) the employee concerned had appealed to the Tribunal before the 1st day of January, 1979, but a decision relating to that appeal had not been made before the commencement of this section, the Tribunal shall, as soon as practicable after the commencement of this section, make a decision relating to that appeal as if sections 10 and 11 of this Act had been in operation on the date of dismissal or termination of employment.

Amendment of section 24 of Principal Act.

13.—Section 24 of the Principal Act (as amended by the Act of 1971), which relates to a time-limit on claims for redundancy payment, is amended by the insertion of the following subsection after subsection (2A): “(3) Notwithstanding subsection (2A), where an employee establishes to the satisfaction of the Tribunal— (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 Tribunal at its discretion considers reasonable having regard to all the circumstances.”.

Amendment of section 42 of Principal Act.

14.—Section 42 of the Principal Act is amended by the substitution of the following subsections for subsections (1) and (3), respectively: “(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 (other than employer's redundancy contributions to which section 28 (inserted by the Redundancy Payments Act, 1979) applies) 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 .

Amendment of section 15 of Act of 1971.

15.—Section 15 of the Act of 1971, which relates to special redundancy schemes, is amended by the substitution of the following subsection for subsection (2): “(2) For the purpose of providing moneys for making payments which under this Act are to be made out of a fund established under a special redundancy scheme, there shall be paid into that fund— (a) as may be provided in that scheme, contributions by employers, and (b) advances as provided for in subsections (3) and (4).”.

Power to remove difficulties.

16.—(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.

Miscellaneous amendments of Principal Act.

17.—Each provision of the Principal Act mentioned in column (1) of the Schedule to this Act is amended in the manner stated in column (2) of that Schedule opposite the mention of the provision in column (1).

Amendment of section 16 of Act of 1971.

18.—Section 16 of the Act of 1971, which relates to fraudulent claims to payments under the Principal Act, is amended by the substitution of “£300” for “fifty pounds” in subsections (1) and (2).

Repeals.

19.—Sections 34 and 36 (2) (d) of the Principal Act are repealed.

Expenses.

20.—Any expenses incurred by the Minister or any other Minister of the Government 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.

Short title, construction, collective citation and commencement.

21.—(1) This Act may be cited as the Redundancy Payments Act, 1979.

SCHEDULE Miscellaneous Amendments of Principal Act

Section 17

.

Provision Amended Nature of Amendment

(1)

(2)

Section 2(1)

The substitution of “‘employer's redundancy contribution’ has the meaning assigned to it by section 27;” for “‘employee's redundancy contribution’ and ‘employer's redundancy contribution’ have the meanings assigned to them by section 27;”.

Section 4(2)

The substitution of “20 hours” for “21 hours”.

Section 15(3)

The substitution of “any further weekly payments” for “a weekly payment for a period not exceeding six weeks” (inserted by the Act of 1971).

Section 17(3)

The substitution of “£300” for “fifty pounds”.

Section 18(4)

The substitution of “£300” for “fifty pounds”.

Section 23

The insertion of the following subsection after subsection (3): “(4) This section shall not apply in any case to which section 19 of the Unfair Dismissals Act, 1977 , applies.”.

Section 32

The insertion in subsection (1) (a) after “the balance,” of “or”.

Section 33(2)

The substitution of “£300” for “fifty pounds” and of “further fines of £50” for “further such fines”.

Section 36(3)

The substitution of “£300” for “fifty pounds”.

Section 39(2)

The substitution for paragraph (b) of “(b) not more than 5 vice-chairmen,” and for paragraph (c) (inserted by the Act of 1971) of “(c) not less than 12 and not more than 30 ordinary members.”.

Section 39(3)

The insertion of the following subsection after subsection (3): “(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.”.

Section 39(15)

The substitution of “may appeal to the Tribunal against the decision;” for “may, on giving notice of appeal to the Minister in the prescribed manner, have the question referred to the Tribunal for a decision thereon;”.

Section 39(17) (e)

The substitution of “£150” for “twenty pounds”.

Section 58

The substitution of “£50” for “ten pounds”.

Schedule 1 The substitution of the following paragraphs for paragraphs 8 and 9: “8. Whenever a person who has received a weekly payment obtains employment or for any reason ceases to receive weekly payments he shall not receive any further weekly payments.

Schedule 3 The insertion in paragraph 4 after “the employment” of “, 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”.

The insertion after paragraph 4 of the following paragraph: “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

The insertion after paragraph 5 (1) (c) of the following— “(d) a period of not more than 13 consecutive weeks during which the employee gave birth to a child,”.

The insertion in paragraph 7 after “sickness,” of “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,”.

Acts Referred to Companies Act, 1963 1963, No. 33 Minimum Notice and Terms of Employment Act, 1973 1973, No. 4 Preferential Payments in Bankruptcy (Ireland) Act, 1889 1889, c. 60 Redundancy Payments Act, 1967 1967, No. 21 Redundancy Payments Act, 1971 1971, No. 20 Redundancy Payments Act, 1973 1973, No. 11 Redundancy Payments Act, 1967 to 1973 Social Welfare Act, 1952 1952, No. 11 Social Welfare Acts, 1952 to 1978 Social Welfare (Amendment) Act, 1978 1978, No. 25 Unfair Dismissals Act, 1977 1977, No. 10 Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais