REDUNDANCY PAYMENTS ACT 1967

Qualification of general right under section 7.

8

8. (1) Notwithstanding anything in section 7, where an employee who has been dismissed by reason of redundancy or laid off has, during the period of the four years immediately preceding the date of dismissal or the lay-off, been laid off for an average annual period of more than twelve weeks, the following provisions shall have effect:

( a) that employee shall not become entitled to redundancy payment by reason of dismissal or lay-off until a period equal to the average annual period of lay-off over the said four-year period in relation to that employee has elapsed after the date of dismissal or lay-off;

( b) if, before the termination of the period required to elapse under paragraph ( a), that employee resumes work with the same employer, that employee shall not be entitled to redundancy payment in relation to that dismissal or lay-off;

( c) if, before the termination of the period required to elapse under paragraph ( a), the employer offers to re-employ that employee and that employee unreasonably refuses the offer, he shall not be entitled to redundancy payment in relation to that dismissal or lay-off.

(2) In a case where this section applies, the period of four weeks first referred to in F24 [ section 12 ] or the period of thirteen weeks referred to in that section shall not commence until the expiration of the period (referred to in subsection (1) ( a)) equal to the appropriate average annual period of lay-off.

Annotations:

Amendments:

F24

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