Redundancy Payments Act 1967

Classes of persons to which this Act applies.

4

4. F13 [ (1) Subject to this section and to section 47, this Act applies to

( a ) employees employed in employment which is insurable for all benefits under the Social Welfare Consolidation Act 2005 ,

( b ) employees who were so employed in such employment in the period of four years ending on the date of termination of employment, and

( c ) employees who have attained the age of 66 years and are in employment that would be insurable for all benefits under the Social Welfare Consolidation Act 2005 but for

(i) their attainment of that age, or

(ii) the fact that the employment concerned is excepted employment by reason of paragraph 2, 4 or 5 of Part 2 of Schedule 1 to that Act. ]

F14 [ (2) This Act shall apply to an employee employed in employment which would be insurable for all benefits under the Social Welfare (Consolidation) Act 1993 but for the fact that the employment concerned is an excepted employment by virtue of paragraph 2, 4 or 5 of Part II of the First Schedule to that Act. ]

(3) ( a) For the purpose of the application of this Act to an employee who is employed in a private household this Act (other than section 20) shall apply as if the household were a business and the maintenance of the household were the carrying on of that business by the employer.

( b) This Act shall not apply to any person in respect of employment where the employer is the father, mother, grandfather, grandmother, stepfather, stepmother, son, daughter, grandson, granddaughter, stepson, stepdaughter, brother, sister, halfbrother or halfsister of the employee, where the employee is a member of the employer’s household and the employment is related to a private dwelling house or a farm in or on which both the employer and the employee reside.

F15 [ ( c ) In deducing any relationship for the purposes of paragraph ( b )

(i) a person adopted under the Adoption Acts, 1952 and 1964, shall be considered the legitimate offspring of the adopter or adopters;

(ii) subject to clause (i) of this paragraph, an illegitimate person shall be considered the legitimate offspring of his mother and reputed father;

(iii) a person in loco parentis to another shall be considered the parent of that other. ]

(4) The Minister may by order declare that this Act shall not apply to a class or classes of persons specified in the order and from the commencement of the order this Act shall not apply to that class or those classes.

(5) Notwithstanding subsection (2), the Minister may by order declare that this Act shall apply to a specified class of worker and from the commencement of the order this Act shall apply to that class.

(6) The Minister may by order amend or revoke an order under this section.

Annotations:

Amendments:

F13

Substituted (8.05.2007) by Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007 (27/2007), s. 15, commenced on enactment.

F14

Substituted (25.05.2003) by Redundancy Payments Act 2003 (14/2003), s. 4, S.I. No. 194 of 2003.

F15

Inserted (1.09.1971) by Redundancy Payments Act 1971 (20/1971), s. 19(1) and sch., S.I. No. 230 of 1971.

Modifications (not altering text):

C9

Power to amend vested in Minister (30.11.84) by Protection of Employees (Employers’ Insolvency) Act 1984 (21/1984), s. 11(3), commenced on enactment.

Power to amend Act.

11. — ...

(3) The Minister may from time to time by order amend section 4 (2), as amended by section 17 of the Redundancy Payments Act, 1979, and by section 12 of this Act, of the Act of 1967, so as to vary the number of hours specified therein.

Editorial Notes:

E14

Previous affecting provision: power to prescribe, amend and revoke regulations vested in Minister (17.06.91) by Worker Protection (Regular Part-Time Employees) Act 1991 (5/1991), s. 1(3)(a), S.I. No. 144 of 1991; repealed (20.12.2001) by Protection of Employees (Part-Time Work) Act 2001 (45/2001), s. 5, S.I. No. 636 of 2001.

E15

Previous affecting provision: application of subs. (2) modified (17.06.91) by Worker Protection (Regular Part-Time Employees) Act 1991 (5/1991), s. 2(3)(b)(i), S.I. No. 144 of 1991; repealed (20.12.2001) by Protection of Employees (Part-Time Work) Act 2001 (45/2001), s. 5, S.I. No. 636 of 2001.

E16

Previous affecting provision: subs. (2) amended (6.04.1979) by Redundancy Payments Act 1979 (7/1979), s. 17 and sch., S.I. No. 95 of 1979; further amended (30.11.1984) by Protection of Employees (Employers’ Insolvency) Act 1984 (21/1984), s. 12, commenced on enactment; subsequently substituted as per F-note above.

E17

Previous affecting provision: application of Act restricted by Redundancy Payments Act 1971 (20/1971), s. 3, as substituted (6.04.79) by Redundancy Payments Act 1979 (7/1979), s. 5, S.I. No. 95 of 1979; repealed (8.05.2007) by Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007 (27/2007), s. 20, commenced on enactment.

E18

Previous affecting provision: subs. (1) amended (1.09.1971) by Redundancy Payments Act 1971 (20/1971), s. 19(1) and sch., S.I. No. 230 of 1971; subsequently substituted as per F-note above.