REDUNDANCY PAYMENTS ACT, 1967

• (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 F88[…] 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 F89[may appeal to the F90[Director General] against the decision;] provided however, that the F90[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 F91[…].

• (16) A deciding officer may if he so thinks proper, instead of deciding it himself, refer F92[…] to the F90[Director General] for a decision thereon any question which falls to be decided by him under section 38.

• F93[(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).]

• F93[(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 F90[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 F90[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 F90[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 F94[€5,000].

• F95[(17A) Proceedings in relation to any matter referred to an adjudication officer under this section shall be conducted in public unless the adjudication officer, of his or her own motion or upon the application by or on behalf of the employee or employer, determines that, due to the existence of special circumstances, the proceedings (or part thereof) should be conducted otherwise than in public.]

• F95[(17B)
• (a) Subject to paragraph (b), the Commission shall publish on the internet in such form and in such manner as it considers appropriate every decision of an adjudication officer under this section.

• (b) In publishing a decision under paragraph (a), an adjudication officer may determine that, due to the existence of special circumstances, information that would identify the employee or employer in relation to whom the decision was made should not be published by the Commission.]

• (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 F90[Director General],

• (b) the times and places of hearings by F90[an adjudication officer],

• (c) the representation of parties attending hearings byF90[an adjudication officer],

• (d) procedure regarding the hearing of appeals byF90[an adjudication officer],

• (e) publication and notification of decisions of F90[an adjudication officer],

• (f) notices relating to appeals or hearings byF90[an adjudication officer],

• (g) the award by F90[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 F90[an adjudication officer] where he would not otherwise be a party to them and entitling him to appear and be heard accordingly.

39A. F97[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.]

40. F98[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.]

41. 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.

42. Provisions relating to winding up and bankruptcy.

42.—F99[(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 F100[…] 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.

• F99[(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 F100[…] 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.

43. F101[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.]

44. Application of section 52 of the Act of 1952.

F102[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.]

45. 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.

46. Aid to unemployed persons changing residence.

46.—F103[(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.

47. 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.

48. Provision for officers and servants of Córas Iompair Éireann and Óstlanna Iompair Éireann Teoranta.

48.—(1) Section 9 of the Transport Act, 1964, shall not apply to a person who, after the commencement of this Act, becomes an officer or servant of the Board unless such person was, or, but for a casual interruption of his employment, would have been, an officer or servant of the Board at such commencement and continues to be an officer or servant of the Board except for casual interruptions of employment.

• (2) Where, before the commencement of this Act, a person is in receipt of compensation under section 9 of the Transport Act, 1964, subsection (1) shall not operate to diminish his right to such compensation.

• (3) Where a person, on or after the commencement of this Act, becomes entitled to compensation under section 9 (4) of the Transport Act, 1964, in consequence of the termination of his employment with the Board or with the Company, he shall, notwithstanding any other provision of this Act, stand disqualified, as on and from the date of such entitlement, for redundancy payment in respect of such employment and all contributions under this Act paid in respect of that person as an employee of the Board or of the Company shall be refunded to the person who paid such contributions.

• (4) In this section—

“the Board” means Córas Iompair Éireann ;

“the Company” means Óstlanna Iompair Éireann Teoranta.

49. Power to modify or wind-up existing schemes and arrangements for the provision of 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.

50. Application of Probation of Offenders Act, 1907.

50.—F104[…]

51. 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.

52. 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.

53. Provisions regarding notices.

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.

54. 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.

55. 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.

56. 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 F105[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 F106[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.

57. Regulations regarding keeping of records, furnishing of information and inspection of records.

57.—For the purpose of ensuring the effective operation of this Act, the Minister may make regulations providing for the keeping of records and the furnishing of information by employers and for the inspection by authorised officers of the Minister of records or other documents in the custody or under the control of employers.

58. 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 F107[£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 1 Weekly Payments from the Redundancy Fund

Section 30.

F108[2. (1) (a) In this subparagraph "the total amount being paid in respect of a week to a person" means—

• (i) in the case of a person normally resident in the State, the total amount being paid to him in respect of the following in a period of interruption of employment commencing on or after the 21st day of June, 1976—

a weekly payment,

unemployment benefit under the Social Welfare Acts, 1952 to 1976,

unemployment assistance under the Unemployment Assistance Acts, 1933 to 1976,

pay-related benefit under the Social Welfare (Pay-Related Benefit) Act, 1973 (No. 2 of 1973)

together with the weekly equivalent (as determined by the Revenue Commissioners) of any refund of income tax which was paid as a result of that interruption of employment

• (ii) in the case of a person normally resident in Northern Ireland, the total amount being paid to him in respect of the following in a period of interruption of employment commencing on or after the 21st day of June, 1976—

a weekly payment,

unemployment benefit under the National Insurance Measures (Northern Ireland) 1966 to 1976,

supplementary benefit under the Supplementary Benefits Acts (Northern Ireland) 1966 to 1969,

together with the weekly equivalent (as determined by the appropriate authority for income tax in Northern Ireland) of any refund of income tax which was paid as a result of that interruption of employment.

• (b) (i) Subject to subclause (ii) of this subparagraph, the total amount being paid in respect of a week to a person shall not exceed 85 per cent of his average net weekly earnings or £50, whichever is the lesser, but he shall not receive in respect of unemployment benefit, unemployment assistance, pay-related benefit or supplementary benefit less than that to which he would, but for this Act, have been entitled.

• (b) (ii) Subclause (i) of this subparagraph shall not apply to a person, who, for the time being, is employed on short-time whereby he works on a lesser number of days in a working week than is normal to the working week in that employment and whose basic earnings are reduced as a result.

(2)(a) In this subparagraph the total amount being paid in respect of a week to a person means—

• (i) In the case of a person normally resident in the State, the total amount being paid to him in respect of the following in a period of interruption of employment commencing on or after the 21st day of June, 1976,—

a weekly payment,

disability benefit under the Social Welfare Acts, 1952 to 1976,

maternity allowance under the Social Welfare Acts, 1952 to 1976,

pay-related benefit under the Social Welfare (Pay-Related Benefit) Act, 1973,

• (ii) in the case of a person normally resident in Northern Ireland, the total amount being paid to him in respect of a week in respect of the following in a period of interruption of employment commencing on or after the 21st day of June, 1976,

a weekly payment,

sickness benefit under the National Insurance Acts (Northern Ireland) 1966 to 1976,

maternity allowance under the National Insurance Measures (Northern Ireland) 1966 to 1976,

supplementary benefit under the Supplementary Benefits Acts (Northern Ireland) 1966 to 1969.

• (b) The total amount being paid to a person in respect of a week shall not exceed 100 per cent of his normal weekly remuneration or £50, whichever is the lesser, but he shall not receive in respect of disability benefit, sickness benefit, maternity allowance, pay-related benefit or supplementary benefit less than that to which he would, but for this Act, have been entitled.

• (3) For the purpose of subparagraph (1) of this paragraph, a person’s average net weekly earnings shall be calculated by—

• (i) ascertaining his reckonable earnings (within the meaning of the Social Welfare Pay-Related Benefit) Act, 1973) for his relevant employment period,

• (ii) subtracting from those reckonable earnings the amount of income tax deducted from those reckonable earnings and the employee’s portion (if any) of the amount of pay-related contributions payable by him in respect of those earnings,

• (iii) dividing the remainder under clause (ii) by the number of complete weeks in his relevant employment period, and

• (iv) deducting from the quotient under clause (iii) the employee’s portion (if any) of the employment contribution which was payable by an employee in the employment in which that person was employed in the last week of his relevant employment period.

• (v) In the case of a person whose entry into insurance under the Social Welfare Acts, 1952 to 1976, occurs after the 6th day of April in the relevant employment period, the following shall be substituted for clause (iii) of this subparagraph:

• "(iii) dividing the remainder under clause (ii) by the number of complete weeks from his entry into insurance under the Social Welfare Acts, 1952 to 1976, to the termination of his relevant employment period, and"

• (vi) In the case of a person who was employed outside the State during his relevant employment period (other than a person who continued to be insured under the Social Welfare Acts, 1952 to 1976, while so employed), the following shall be substituted for clause (iii) of this subparagraph:

• "(iii) dividing the remainder under clause (ii) by the number of complete weeks during which he was insurably employed under the Social Welfare Acts, 1952 to 1976, during his relevant employment period, and,"

• (vii) In the case of a person who did not receive reckonable earnings (within the meaning of the Social Welfare (Pay-Related Benefit) Act, 1973) on or after the last day of the first week of his relevant employment period the following shall be substituted for clauses (i) and (iii) respectively of this subparagraph,

• "(i) ascertaining his reckonable earnings (within the meaning of the Social Welfare (Pay-Related Benefit) Act, 1973) in the income tax year preceding that in which his relevant employment period falls,

• (iii) dividing the remainder under clause (ii) by 52, and"

• (viii) In the case of a person (other than a person referred to in clause (vi) of this subparagraph) who proved unemployment or incapacity for work for at least six days since the commencement of his relevant employment period, or in the case of a person referred to in clause (vii) of this subparagraph, in the preceding income tax year, the amount of benefit or unemployment assistance (or of both benefit and such assistance) paid to him under the Social Welfare Acts, 1952 to 1976, and the Unemployment Assistance Acts, 1933 to 1976, in respect of such unemployment or incapacity (or in respect of both such unemployment and such incapacity) shall be added to the amount ascertained under clause (i) of this subparagraph, but the amount of any benefit paid to him in respect of incapacity for work for any period in respect of which he also received from his employer reckonable earnings (within the meaning of the Social Welfare (Pay-Related Benefit) Act, 1973) shall not be so added.

• (ix) For the purposes of this subparagraph, a person’s relevant employment period shall be that period commencing on the 6th day of April of the appropriate income tax year and ending on the date in that year in which he becomes unemployed.

• (x) For the purposes of subclause (iv) of this subparagraph, “employment contribution” has the meaning assigned to it by the Social Welfare Act, fli="-5" 1952 (No. 11 of 1952), and includes, where appropriate, a redundancy contribution and also a health contribution within the meaning of section 2 of the Health Contributions Act, 1971 (No. 21) of 1971), at the rate specified in section 3 (1) (a) of that Act.

• (4) For the purpose of subparagraph (1) of this paragraph, where an initial payment of a refund of income tax paid as a result of a period of interruption of employment has been made to a person, it shall be presumed that he will continue to receive the weekly equivalent of that refund (as determined by the appropriate authority for income tax) until his entitlement to such refunds is exhausted or he resumes employment, whichever first occurs.]

F110[4. A weekly payment shall not be paid to a person otherwise entitled thereto for any period during which that person is, by virtue of section 15 (2) of the Act of 1952, disentitled to disability benefit or unemployment benefit.]

F110[5. (a) A weekly payment shall not be paid to a person in respect of any period unless during that period the person was not gainfully employed and the fact that he was not so employed could not reasonably be attributed to the person’s own failure or refusal to seek or accept or continue in suitable gainful employment.

• (b) A person who is entitled to and in receipt of unemployment benefit or disability benefit under the Social Welfare Acts, 1952 to 1970, may be deemed to be not gainfully employed for the purposes of this paragraph.]

F110[7. In calculating years of continuous employment for the purposes of paragraph 6 in relation to a person whose employment is terminated after the commencement of the Redundancy Payments Act, 1971, each period of one year during the whole of which the person entitled to the weekly payment was 41 years of age or older shall be reckoned as two completed years of continuous employment.]

F112[7A. A person entitled to a weekly payment whose employment is terminated after the commencement of the Redundancy Payments (Weekly Payments and Lump Sum) Order, 1974 shall, in addition to his entitlement under paragraphs 6 and 7 be paid one weekly payment in respect of each year of continuous employment during the whole of which that person was 51 years of age or older.]

F113[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.]

F113[9. Whenever a person entitled to a weekly payment obtains employment before the expiration of any period mentioned in paragraph 4 (inserted by the Redundancy Payments Act, 1971) he shall not receive a weekly payment.]

F111[15. (1) A person who has lost employment by reason of a stoppage of work which was due to a trade dispute at the factory, workshop, farm or other premises or place at which he was employed shall not be entitled to a weekly payment so long as the stoppage of work continues, except, subject to paragraph 5, in a case where he has, during the stoppage of work, become bona fide employed elsewhere in the occupation which he usually follows or has become regularly engaged in some other occupation.

• (2) Where separate branches of work which are commonly carried on as separate businesses in separate premises or at separate places are in any case carried on in separate departments on the same premises or at the same place, each of those departments shall, for the purposes of subparagraph (1), be deemed to be a separate factory, workshop or farm or separate premises or a separate place, as the case may be.

• (3) Subparagraph (1) shall not apply to a person who—

• (a) is not participating in or financing or directly interested in the trade dispute which caused the stoppage of work, and

• (b) does not belong to a grade or class of workers of which, immediately before the commencement of the stoppage, there were members employed at his place of employment any of whom are participating in or financing or directly interested in the dispute.

• (4) In this paragraph "trade dispute" means any dispute between employers and employees, or between employees and employees, which is connected with the employment or non-employment or the terms of employment or the conditions of employment of any persons, whether employees in the employment of the employer with whom the dispute arises or not.]

SCHEDULE 2 Part I Death of Employer or of Employee

Section 22.

• (a) his contract of employment is renewed by a personal representative of the deceased employer, or he is re-engaged under a new contract of employment by such a personal representative, and

• (b) the renewal or re-engagement takes effect not later than eight weeks after the death of the deceased employer.

• (a) a personal representative of the deceased employer has made to him an offer in writing to renew his contract of employment or to re-engage him under a new contract,

• (b) in accordance with the particulars specified in that offer the renewal or re-engagement would take effect not later than eight weeks after the death of the deceased employer,

• (c) either—

• (i) the provisions of the contract as renewed, or of the new contract, as to the capacity and place in which he would be employed and as to the other terms and conditions of his employment would not differ from the corresponding provisions of the contract in force immediately before the death, or

• (ii) if, notwithstanding that in accordance with the particulars specified in that offer the provisions mentioned in subparagraph (i) would differ (wholly or in part) from the corresponding provisions of the contract in force immediately before the death, the offer constitutes an offer of suitable employment in relation to the employee,

and

• (d) the employee has unreasonably refused that offer.

• (a) an offer shall not be treated as one whereby the provisions of the contract as renewed, or of the new contract, would differ from the corresponding provisions of the contract in force immediately before the death of the deceased employer by reason only that the personal representative would be substituted as the employer for the deceased employer, and

• (b) account shall not be taken of that substitution in determining whether the refusal of the offer was unreasonable.

• (a) his contract of employment is renewed, or he is re-engaged under a new contract, as mentioned in paragraph 3 (a) or 3 (b) of this Schedule, and

• (b) after the renewal or re-engagement, he is laid off or kept on short-time for one or more weeks by the personal representative of the deceased employer,

sections 12 and 13 shall apply as if the week in which the deceased employer died and the first week of the employee’s employment by the personal representative were consecutive weeks, and any reference in those sections to four weeks or thirteen weeks shall be construed accordingly.

• (a) the deceased employer has died before the end of the next four weeks after the service of that notice, and

• (b) the employee has not terminated the contract of employment by notice expiring before the death of the deceased employer.

• (a) the deceased employer had not died, and

• (b) the employee had terminated the contract of employment by a week’s notice (or, if under the contract he is required to give more than a week’s notice to terminate the contract, he had terminated it by the minimum notice which he is so required to give) expiring at the end of those four weeks,

but sections 13 (1) to 13 (3) shall not apply.

• (a) he was laid off or kept on short-time by the deceased employer for one or more of those weeks, and

• (b) he is laid off or kept on short-time by the personal representative for the week, or for the next two or more weeks, following the renewal or re-engagement.

• (2) Where the conditions specified in subparagraph (1) are fulfilled, sections 12 and 13 shall apply as if all the weeks for which the employee was laid off or kept on short-time as mentioned in the said subparagraph (1) were consecutive weeks during which he was employed (but laid off or kept on short-time) by the same employer.

• (a) any reference in this Act to the doing of anything by, or in relation to, an employer shall be construed as including a reference to the doing of that thing by, or in relation to, any personal representative of the deceased employer, and

• (b) any reference in this Act to a thing required or authorised to be done by, or in relation to, an employer shall be construed as including a reference to anything which, in accordance with any provision of this Act as modified by this Part (including subparagraph (a)), is required or authorised to be done by, or in relation to, any personal representative of his.

Part II

• (a) the employee dies without having either accepted or refused the offer, and

• (b) the offer has not been withdrawn before his death,

section 15 (1) or 15 (2) (as the case may be) shall apply as if for “the employee has unreasonably refused” there were substituted “it would have been unreasonable on the part of the employee to refuse”.

• (2) Where, in the circumstances specified in sections 10 (1) (a) and 10 (1) (b), the employee dies before his notice given under section 10 (1) (b) is due to expire but after the employer has given him notice under section 10 (3), sections 10 (3) and 10 (4) shall apply as if the circumstances were that the employee had not died and had complied with the last-mentioned notice.

• (2) Where an employee, who has given notice of intention to claim, dies within seven days after the service of that notice, and before the employer has given a counter-notice, the provisions of sections 12 and 13 shall apply as if the employer had given a counter-notice within those seven days.

• (3) In this paragraph “notice of intention to claim” and “counter-notice” have the meanings respectively assigned to them by sections 12 and 13.

• (a) any reference in this Act to the doing of anything by, or in relation to, an employee shall be construed as including a reference to the doing of that thing by, or in relation to, any personal representative of the deceased employee, and

• (b) any reference in this Act to a thing required or authorised to be done by, or in relation to, an employee shall be construed as including a reference to anything which, in accordance with any provision of this Act as modified by this Part (including subparagraph (a)), is required or authorised to be done by, or in relation to, any personal representative of his.

• (a) the whole of a redundancy payment to which he would have been entitled apart from another provision therein mentioned, or

• (b) such part of such a redundancy payment as the Tribunal thinks fit,

any reference in paragraph 22 to a right to a redundancy payment shall be construed as including a reference to any right to receive the whole or part of a redundancy payment if the Tribunal determines that the employer shall be liable to pay it.

SCHEDULE 3 Amount of Lump Sum

Section 19.

F116[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.]

F116[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.]

F116[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

F118[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.]

F119[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,

• F120[(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,]

• F121[(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,

• F122[(ii) while on parental leave, force majeure leave, leave for medical care purposes, domestic violence leave or on a flexible working arrangement under the Parental Leave Act 1998, 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,

• F123[(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,]

• F124[(f) any period during which an employee was absent from work while on parent’s leave or transferred parent’s leave under the Parent’s Leave and Benefit Act 2019,]

continuity of employment shall not be broken by such interruption whether or not notice of termination of the contract of employment has been given.]

• F125[(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.]

F126[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

F128[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:

• F129[(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,]

• F130[(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,

• F122[(ii) while on parental leave, force majeure leave, leave for medical care purposes, domestic violence leave or on a flexible working arrangement under the Parental Leave Act 1998, or]

• (iii) while on carer’s leave under the Carer’s Leave Act 2001,

• F131[(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,]

• F124[(bb) a period during which, in accordance with the Parent’s Leave and Benefit Act 2019, an employee was absent from work while on parent’s leave or transferred parent’s leave within the meaning of that Act,]

• (c) any absences not mentioned in F132[paragraphs (a), F133[(b), (ba) or (bb)]] but authorised by the employer.]

F134[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.]

Normal Weekly Remuneration

• (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).

Miscellaneous

F137[…]

“strike” and “lock-out” have the meanings respectively assigned to them by section 6.