Redundancy Payments Act 1967

Time-limit on claims for redundancy payment.

24

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 F52 [ 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 F53 [ Director General ] under section 39.

F54 [ (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. ]

F55 [ (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 F53 [ 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. ]

F56 [ (3) Notwithstanding subsection (2A), where an employee establishes to the satisfaction of the F53 [ 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 F53 [ Director General ] F53 [ at his discretion ] considers reasonable having regard to all the circumstances. ]

Annotations:

Amendments:

F52

Substituted (1.09.1971) by Redundancy Payments Act 1971 (20/1971), s. 12(2)(a), S.I. No. 230 of 1971.

F53

Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 76(1), S.I. No. 410 of 2015, subject to transitional provisions in subs. (2).

F54

Inserted (1.09.1971) by Redundancy Payments Act 1971 (20/1971), s. 12(1), S.I. No. 230 of 1971.

F55

Inserted (1.09.1971) by Redundancy Payments Act 1971 (20/1971), s. 12(2)(b), S.I. No. 230 of 1971.

F56

Inserted (6.04.1979) by Redundancy Payments Act 1979 (7/1979), s. 13, S.I. No. 95 of 1979.