Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007

5.

Redundancy Panel.

5.— (1) For the purposes of this Part, there is established a Redundancy Panel.

(2) The Redundancy Panel consists of the following members:

( a) a Chairman appointed, in writing, by the F1 [ Minister ];

( b) a member appointed, in writing, by the Irish Congress of Trade Unions;

( c) a member appointed, in writing, by the Irish Business and Employers Confederation.

(3) Each member of the Redundancy Panel shall have a deputy appointed, in writing, by the F2 [ person ] by which that member was appointed, who shall act as a member of the panel on any occasion when that member is unable to attend a meeting of the panel, and, in subsections (4) to (9), a reference to a member includes a reference to a deputy of a member.

(4) Subject to subsections (5) to (10), a member—

( a) holds office for such period, not exceeding 3 years, as is specified in the relevant instrument of appointment, and

( b) is eligible for re-appointment.

(5) A member may resign by letter addressed to the relevant appointing authority, and the resignation shall take effect on the date of receipt of the letter.

(6) A member shall, unless he or she sooner dies, resigns or otherwise ceases to be a member, hold office until the expiration of his or her term of office.

(7) A person is not eligible to be appointed, or to continue to hold office, as a member of the Redundancy Panel if that person—

( a) is, or accepts nomination as, a member of Seanad Éireann,

( b) is, or is nominated as, a candidate for election as a member of either House of the Oireachtas or to be a member of the European Parliament,

( c) is regarded, under Part XIII of the Second Schedule to the European Parliament Elections Act 1997, as having been elected to that Parliament, or

F3 [ (d) is or becomes a member of a local authority within the meaning of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014), ]

and a member who ceases, under this subsection, to be eligible to continue to hold office as a member shall thereupon cease to be a member of the Redundancy Panel.

(8) The Government may, for stated reasons, at any time remove a member from office for misbehaviour or where they consider that—

( a) the member has become incapable through ill health of effectively performing the functions of a member, or

( b) the member’s removal is necessary for the effective performance by the Redundancy Panel of its functions.

(9) A member shall cease to be a member on—

( a) being adjudicated bankrupt,

( b) making a composition or arrangement with creditors,

( c) being sentenced to imprisonment on conviction on indictment, or

( d) ceasing to be ordinarily resident in the State.

(10) Whenever a vacancy occurs in the office of a member of the Redundancy Panel, the vacancy shall be filled, for the unexpired portion of the member’s term of office, by the member’s deputy, and the relevant appointing F4 [ person ] shall appoint a new deputy.

(11) The Redundancy Panel shall act by majority decision.

(12) Subject to subsection (11), the practice and procedure of the Redundancy Panel shall be as determined by it.

(13) The Secretary General shall arrange for the provision to the Redundancy Panel of all secretarial and other services necessary for its efficient operation.

(14) A member of the Redundancy Panel shall be paid such remuneration (if any) as is determined by the Minister with the consent of the Minister for Finance.

Annotations:

Amendments:

F1

Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 85(a), S.I. No. 410 of 2015.

F2

Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 85(b), S.I. No. 410 of 2015.

F3

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(8) and sch. 2, part 6, S.I. No. 214 of 2014.

F4

Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 85(c), S.I. No. 410 of 2015.