Redundancy Payments Act 1967

Redundancy Appeals Tribunal and appeals and references thereto.

39

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) F82 [ a chairman who before his appointment shall have had not less than 7 years experience as a practising barrister or practising solicitor, ]

( b) F83 [ not more than 5 vice-chairmen, ]

( c) F84 [ 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.

F85 [ (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 F86 [ ] 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 F87 [ may appeal to the F88 [ Director General ] against the decision; ] provided however, that the F88 [ 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 F89 [ ].

(16) A deciding officer may if he so thinks proper, instead of deciding it himself, refer F90 [ ] to the F88 [ Director General ] for a decision thereon any question which falls to be decided by him under section 38.

F91 [ (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). ]

F91 [ (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 F88 [ 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 F88 [ 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 F88 [ 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 F92 [ 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 F88 [ Director General ],

( b) the times and places of hearings by F88 [ an adjudication officer ],

( c) the representation of parties attending hearings by F88 [ an adjudication officer ],

( d) procedure regarding the hearing of appeals by F88 [ an adjudication officer ],

( e) publication and notification of decisions of F88 [ an adjudication officer ],

( f) notices relating to appeals or hearings by F88 [ an adjudication officer ],

( g) the award by F88 [ 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 F88 [ an adjudication officer ] where he would not otherwise be a party to them and entitling him to appear and be heard accordingly.

Annotations:

Amendments:

F82

Substituted (1.09.1971) by Redundancy Payments Act 1971 (20/1971), s. 7(a), S.I. No. 230 of 1971.

F83

Substituted (6.04.1979) by Redundancy Payments Act 1979 (7/1979), s. 17 and sch., S.I. No. 95 of 1979.

F84

Substituted (6.04.1979) by Redundancy Payments Act 1979 (7/1979), s. 17 and sch., S.I. No. 95 of 1979.

F85

Inserted (6.04.1979) by Redundancy Payments Act 1979 (7/1979), s. 17 and sch., S.I. No. 95 of 1979.

F86

Deleted (6.04.1991) by Social Welfare Act 1991 (7/1991), s. 39(1) and sch. C, commenced as per s. 39(3).

F87

Substituted (6.04.1979) by Redundancy Payments Act 1979 (7/1979), s. 17 and sch., S.I. No. 95 of 1979.

F88

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

F89

Deleted (6.04.1991) by Social Welfare Act 1991 (7/1991), s. 39 and sch. C, commenced as per s. 39(3).

F90

Deleted (8.05.2007) by Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007 (27/2007), s. 18, commenced on enactment.

F91

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

F92

Substituted (8.05.2007) by Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007 (27/2007), s. 19 and table, commenced on enactment.

F93

Inserted by Redundancy Payments Act 2003 (14/2003), s. 9, not commenced as of date of revision.

Modifications (not altering text):

C15

Prospective amending provision: s. 39(2)(b) amended by Redundancy Payments Act 2003 (14/2003), s. 9, not commenced as of date of revision.

( b) F83 [ not more than 5 vice-chairmen, F93 [ who, before their appointment, shall each have had not less than 5 years experience as a practising barrister or practising solicitor ] ]

C16

Functions under subss. (10) and (13) 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.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 21 of 1967

Redundancy Payments Act 1967

Sections 29, 39(10) and (13), 46 and 56(2) and (3)

...

...

...

C17

Penalty under subs. (17)(e) specified (1.09.2005) by Safety, Health and Welfare at Work Act 2005 (10/2005), s. 78(1), S.I. No. 328 of 2005, as amended (10.12.2010) by Chemicals (Amendment) Act 2010 (32/2010), s. 12(f)(i), S.I. No. 591 of 2010.

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.

...

Editorial Notes:

E79

Prospective affecting provision: Employment Appeal Tribunal, established under section, dissolved by Workplace Relations Act 2015 (16/2015), s. 65(1), not commenced as of date of revision, subject to dissolution order as per s. 64.

E80

Power pursuant to section exercised (5.04.1979) by Redundancy (Employment Appeals Tribunal) Regulations 1979 (S.I. No. 114 of 1979).

E81

Power pursuant to subs. (19) exercised (1.09.1973) by Minimum Notice and Terms of Employment (Reference of Disputes) Regulations 1973 (S.I. No. 243 of 1973).

E82

Power pursuant to subs. (19) exercised (29.01.1968) by Redundancy (Redundancy Appeals Tribunal) Regulations 1968 (S.I. No. 24 of 1968).

E83

Previous affecting provision: subs. (17) applied with modifications (26.10.2013) by Further Education and Training Act 2013 (25/2013), s. 35 and sch. para. 2(7), S.I. No. 400 of 2013; paragraph substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 52(1) and sch. 7 part 1 item 32, S.I. No. 410 of 2015, subject to transitional provision in subs. (3).

E84

Previous affecting provision: subs. (17) applied with modifications (16.05.2012) by Protection of Employees (Temporary Agency Work) Act 2012 (13/2012), s. 25 and sch. 2 para. 2(7), commenced on enactment; paragraph substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 52(1) and sch. 7 part 1 item 31, S.I. No. 410 of 2015, subject to transitional provision in subs. (3).

E85

Previous affecting provision: subs. (17) applied with modifications (1.06.2010) by Inland Fisheries Act 2010 (10/2010), s. 38(1) and sch. 4 para. 2(7), commenced on enactment; paragraph substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 52(1) and sch. 7 part 1 item 28, S.I. No. 410 of 2015, subject to transitional provision in subs. (3).

E86

Previous affecting provision: subs. (17) applied with modifications by Labour Services Act 1987 (15/1987), s. 13B(2) and sch. 2 para. 2(7), as inserted (20.01.2010) by Labour Services (Amendment) Act 2009 (38/2009), ss. 7 and 11, S.I. No. 12 of 2010; repealed (26.10.2013) by Further Education and Training Act 2013 (25/2013), s. 4, S.I. No. 400 of 2013.

E87

Previous affecting provision: subs. (17) applied with modifications (21.12.2009) by National Asset Management Agency Act 2009 (34/2009), s. 223(4) and sch. 2 para. 3(1), S.I. No. 545 of 2009; repealed (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 8(1) and sch. 2 part 1 item 25, S.I. No. 410 of 2015, subject to transitional provision in subs. (2).

E88

Previous affecting provision: subs. (17) applied with modifications (7.09.2009) by European Communities (Working Conditions of Mobile Workers Engaged in Interoperable Cross-Border Services in the Railway Sector) Regulations 2009 (S.I. No. 377 of 2009), reg. 9(7); regulation substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 52(2) and sch. 7 part 2 item 8, S.I. No. 410 of 2015, subject to transitional provision in subs. (3).

E89

Previous affecting provision: subs. (17) applied with modifications (1.01.2007) by Employment Permits Act 2006 (16/2006) s. 26(4) and sch. 2 para. 3(1), S.I. No. 682 of 2006; repealed (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 8(1) and sch. 2 part 1 item 22, S.I. No. 410 of 2015, subject to transitional provision in subs. (2).

E90

Previous affecting provision: subs. (17) applied with modifications (29.09.2006) by European Communities (Organisation of Working Time) (Mobile Staff in Civil Aviation) Regulations 2006 (S.I. No. 507 of 2006), reg. 16(7); regulation substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 52(2) and sch. 7 part 2 item 3, S.I. No. 415 of 2015, subject to transitional provision in subs. (3).

E91

Previous affecting provision: subs. (17) applied with modifications (1.09.2005) by Safety, Health and Welfare at Work Act 2005 (10/2005), s. 29(7), S.I. No. 328 of 2005; section substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 52(1) and sch. 7 part 1 item 21, S.I. No. 410 of 2015, subject to transitional provision in subs. (3).

E92

Previous affecting provision: subs. (17) applied with modifications (14.07.2003) by Protection of Employees (Fixed-Term Work) Act 2003 (29/2003), s. 15(7), commenced on enactment; section substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 52(1) and sch. 7 part 1 item 18, S.I. No. 410 of 2015, subject to transitional provision in subs. (3).

E93

Previous affecting provision: subs. (17) applied with modifications (20.12.2001) by Protection of Employees (Part-Time Work) Act 2001 (45/2001), s. 17(7), (subject to exclusion of members of the Defence Forces, s. 19), S.I. No. 636 of 2001; section substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 52(1) and sch. 7 part 1 item 16, S.I. No. 410 of 2015, subject to transitional provision in subs. (3).

E94

Previous affecting provision: subs. (17) applied with modifications (2.07.2001) by Carer’s Leave Act 2001 (19/2001), s. 20(6), commenced on enactment; repealed (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 8(1) and sch. 2 part 1 item 13, S.I. No. 410 of 2015, subject to transitional provision in subs. (2).

E95

Previous affecting provision: subs. (17) applied with modifications (3.12.1998) by Parental Leave Act 1998 (30/1998), s. 19(5), commenced as per s. 1(2); repealed (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 8(1) and sch. 2 part 1 item 11, S.I. No. 410 of 2015, subject to transitional provision in subs. (2).

E96

Previous affecting provision: subs. (17) applied with modifications (30.09.1997) by Organisation of Working Time Act 1997 (20/1997), s. 28(7), S.I. No. 392 of 1997; section substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 52(1) and sch. 7 part 1 item 10, S.I. No. 410 of 2015, subject to transitional provision in subs. (3).

E97

Previous affecting provision: subs. (17) applied with modifications (16.05.1994) by Terms of Employment (Information) Act 1994 (5/1994), s. 8(5), S.I. No. 96 of 1994; section substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 52(1) and sch. 7 part 1 item 5, S.I. No. 410 of 2015, subject to transitional provision in subs. (3).

E98

Previous affecting provision: provision as to evidence of certain matters in a prosecution under subs. (17)(e) made (1.10.1993) by Unfair Dismissals (Amendment) Act 1993 (22/1993), s. 12, commenced as per s. 17(4) and (16.05.1994) by Terms of Employment (Information) Act 1994 (5/1994), s. 10, S.I. No. 96 of 1994; repealed (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 8(1) and sch. 2 part 1 item 5, S.I. No. 410 of 2015, subject to transitional provisions in subss. (2) and (6).

E99

Previous affecting provision: subs. (17) applied (1.01.1992) by Payment of Wages Act 1991 (25/1991), s. 7(5), S.I. No. 350 of 1991; section substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 52(1) and sch. 7 part 1 item 4, S.I. No. 410 of 2015, subject to transitional provision in subs. (3).

E100

Previous affecting provision: subs. (14) applied (30.11.1984) by Protection of Employees (Employers’ Insolvency) Act 1984 (21/1984), s. 9(5), commenced on enactment; deleted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 81(3)(f), S.I. No. 410 of 2015.

E101

Previous affecting provision: amount referred to in subs. (17)(e) substituted (6.04.1979) by Redundancy Payments Act 1979 (7/1979) s. 17 and sch., S.I. No. 95 of 1979.

E102

Previous affecting provision: subs. (17) applied (9.05.1977) by Unfair Dismissals Act 1977 (10/1977), s. 8(9), S.I. No. 138 of 1977; deleted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 80(1)(g)(i)(II), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).

E103

Previous affecting provision: subs. 2(c) substituted (1.09.1971) by Redundancy Payments Act 1971 (20/1971) s. 7(b), S.I. No. 230 of 1971; substituted as per F-note above.

E104

Previous affecting provision: power pursuant to subs. (19) exercised (11.02.1969) by Redundancy (Redundancy Appeals Tribunal) (Amendment) Regulations 1969 (S.I. No. 26 of 1969); revoked (5.04.1979) by Redundancy (Employment Appeals Tribunal) Regulations 1979 (S.I. No. 114 of 1979), reg. 3.