Redundancy Payments Act 1967

Number 21 of 1967

REDUNDANCY PAYMENTS ACT 1967

REVISED

Updated to 19 April 2022

This Revised Act is an administrative consolidation of the Redundancy Payments Act 1967. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Health (Miscellaneous Provisions) Act 2022 (6/2022), enacted 12 April 2022, and all statutory instruments up to and including the Appointment of Special Advisers (Minister of State at the Department of Agriculture, Food and the Marine) Order 2022 (S.I. No. 199 of 2022), made 20 April 2022, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

Number 21 of 1967

REDUNDANCY PAYMENTS ACT 1967

REVISED

Updated to 19 April 2022

Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related Legislation

Redundancy Payments Acts 1967 to 2022: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Redundancy Payments (Amendment) Act 2022 (3/2022), s. 5(2)). The Acts in this group are:

• Redundancy Payments Act 1967 (21/1967)

• Redundancy Payments Act 1971 (20/1971)

• Redundancy Payments Act 1973 (11/1973) (not amended)

• Redundancy Payments Act 1979 (7/1979)

• Protection of Employees (Employer’s Insolvency) Act 1984 (21/1984), s. 12

• Social Welfare Act 1990 (5/1990), ss. 26, 27 and 29

• Worker Protection (Regular Part-Time Employees) Act 1991 (5/1991), in so far as it relates to the Redundancy Payments Acts 1967 to 1990

• Social Welfare Act 1991 (7/1991), s. 39 other than subs. (2)

• Protection of Employees (Part-Time Work) Act 2001 (45/2001), in so far as it relates to the Redundancy Payments Acts 1967 to 1990

• Redundancy Payments Act 2003 (14/2003)

• Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007 (27/2007), insofar as it relates to the Redundancy Payments Acts 1967 to 2003

• Social Welfare Act 2011 (37/2011), Part 3

• Social Welfare Act 2012 (43/2012), Part 3

• Local Government Reform Act 2014 (1/2014), s. 1(19) and the amendment to the Redundancy Payments Act 1967 provided for in s. 5(6) and sch. 2 part 6

• Redundancy Payments (Amendment) Act 2022 (3/2022), ss. 1-3, 5

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

• Redundancy Payments (Amendment) Act 2022 (3/2022)

• Workplace Relations (Miscellaneous Provisions) Act 2021 (29/2021)

• Criminal Justice (Perjury and Related Offences) Act 2021 (13/2021)

• Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020)

• Parent’s Leave and Benefit Act 2019 (35/2019)

• Paternity Leave and Benefit Act 2016 (11/2016)

• National Minimum Wage (Low Pay Commission) Act 2015 (22/2015)

• Workplace Relations Act 2015 (16/2015)

• Children and Family Relationships Act 2015 (9/2015)

• Local Government Reform Act 2014 (1/2014)

• Further Education and Training Act 2013 (25/2013)

• Education and Training Boards Act 2013 (11/2013)

• Social Welfare Act 2012 (43/2012)

• Protection of Employees (Temporary Agency Work) Act 2012 (13/2012)

• Social Welfare Act 2011 (37/2011)

• Inland Fisheries Act 2010 (10/2010)

• Labour Services (Amendment) Act 2009 (38/2009)

• National Asset Management Agency Act 2009 (34/2009)

• Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007 (27/2007)

• Employment Permits Act 2006 (16/2006)

• Parental Leave (Amendment) Act 2006 (13/2006)

• Adoptive Leave Act 2005 (25/2005)

• Safety, Health and Welfare at Work Act 2005 (10/2005)

• Maternity Protection (Amendment) Act 2004 (28/2004)

• Social Welfare (Miscellaneous Provisions) Act 2004 (9/2004)

• Protection of Employees (Fixed-Term Work) Act 2003 (29/2003)

• Redundancy Payments Act 2003 (14/2003)

• Protection of Employees (Part-Time Work) Act 2001 (45/2001)

• National Minimum Wage Act 2000 (5/2000)

• Parental Leave Act 1998 (30/1998)

• Employment Equality Act 1998 (21/1998)

• Taxes Consolidation Act 1997 (39/1997)

• Organisation of Working Time Act 1997 (20/1997)

• Adoptive Leave Act 1995 (2/1995)

• Maternity Protection Act 1994 (34/1994)

• Irish Shipping Limited (Payments To Former Employees) Act 1994 (10/1994)

• Terms of Employment (Information) Act 1994 (5/1994)

• Unfair Dismissals (Amendment) Act 1993 (22/1993)

• Payment of Wages Act 1991 (25/1991)

• Social Welfare Act 1991 (7/1991)

• Worker Protection (Regular Part-Time Employees) Act 1991 (5/1991)

• Pensions Act 1990 (25/1990)

• Social Welfare Act 1990 (5/1990)

• Labour Services Act 1987 (15/1987)

• Social Welfare Act 1987 (2/1987)

• Social Welfare Act 1986 (8/1986)

• Protection of Employees (Employers’ Insolvency) Act 1984 21/1984)

• Redundancy Payments Act 1979 (7/1979)

• Unfair Dismissals Act 1977 (10/1977)

• Redundancy Payments Act 1973 (11/1973)

• Redundancy Payments Act 1971 (20/1971)

All Acts up to and including Health (Miscellaneous Provisions) Act 2022 (6/2022), enacted 12 April 2022, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

• Redundancy Payments Act 1967 (Section 12A(2)) (Covid-19) (No. 2) Order 2021 (S.I. No. 284 of 2021)

• Redundancy Payments Act 1967 (Section 12A(2)) (Covid-19) Order 2021 (S.I. No. 103 of 2021)

• Redundancy Payments Act 1967 (Section 12A(2)) (Covid-19) (No. 4) Order 2020 (S.I. No. 545 of 2020)

• Employment Affairs and Employment Law (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 438 of 2020)

• Redundancy Payments Act 1967 (Section 12A(2)) (Covid-19) (No. 3) Order 2020 (S.I. No. 349 of 2020)

• Redundancy Payments Act 1967 (Section 12A(2)) (Covid-19) (No. 2) Order 2020 (S.I. No. 290 of 2020)

• Redundancy Payments Act 1967 (Section 12A(2)) (Covid-19) Order 2020 (S.I. No. 193 of 2020)

• Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

• 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)

• European Communities (Organisation of Working Time) (Mobile Staff in Civil Aviation) Regulations 2006 (S.I. No. 507 of 2006)

• Redundancy Payments (Lump Sum) Regulations 2004 (S.I. No. 695 of 2004)

• Redundancy Payments (Lump Sum) Regulations 2001 (S.I. No. 41 of 2001)

• Redundancy Payments (Lump Sum) Regulations 1994 (S.I. No. 64 of 1994)

• Redundancy (Notice of Dismissal) Regulations 1991 (S.I. No. 348 of 1991)

• Redundancy Certificate Regulations 1991 (S.I. No. 347 of 1991)

• Redundancy (Rebates) Regulations 1990 (S.I. No. 122 of 1990)

• Redundancy Payments (Lump Sum) Regulations 1990 (S.I. No. 18 of 1990)

• Redundancy Payments (Variation of Employer’s Redundancy Contribution) Regulations 1989 (S.I. No. 68 of 1989)

• Redundancy Payments (Cork Port Dockers) Regulations 1987 (S.I. No. 211 of 1987)

• Redundancy Payments (Variation of Employer’s Redundancy Contribution) Regulations 1986 (S.I. No. 67 of 1986)

• Redundancy Payments (Variation of Employer’s Redundancy Contribution) Regulations 1985 (S.I. No. 75 of 1985)

• Redundancy (Rebates) Regulations 1984 (S.I. No. 222 of 1984)

• Redundancy Certificate Regulations 1984 (S.I. No. 221 of 1984)

• Redundancy (Notice of Dismissal) Regulations 1984 (S.I. No. 220 of 1984)

• Redundancy Payments (Variation of Employer’s Redundancy Contribution) Regulations 1984 (S.I. No. 63 of 1984)

• Redundancy Payments (Lump Sum) Regulations 1983 (S.I. No. 108 of 1983)

• Redundancy Payments (Employer’s Redundancy Contribution) Regulations 1983 (S.I. No. 84 of 1983)

• Redundancy (Resettlement Assistance) (Revocation) Regulations 1982 (S.I. No. 251 of 1982)

• Redundancy (Resettlement Assistance) Regulations 1982 (S.I. No. 248 of 1982)

• Redundancy Payments (Lump Sum) Regulations 1982 (S.I. No. 104 of 1982)

• Redundancy Payments (Variation of Employer’s Redundancy Contribution) Regulations 1982 (S.I. No. 75 of 1982)

• Redundancy Payments (Lump Sum) Regulations 1981 (S.I. No. 191 of 1981)

• Redundancy Payments (Variation of Employer’s Redundancy Contribution) Regulations 1981 (S.I. No. 94 of 1981)

• Regulations Entitled Redundancy (Resettlement Assistance) Regulations 1979 (S.I. No. 322 of 1979)

• Redundancy Contributions (Method of Payment) (Revocation) Regulations 1979 (S.I. No. 116 of 1979)

• Redundancy (Inspection of Records) Regulations 1979 (S.I. No. 115 of 1979)

• Redundancy (Employment Appeals Tribunal) Regulations 1979 (S.I. No. 114 of 1979)

• Redundancy (Rebates and Weekly Payments) Regulations 1979 (S.I. No. 113 of 1979)

• Redundancy Certificate Regulations 1979 (S.I. No. 112 of 1979)

• Redundancy (Notice of Dismissal) Regulations 1979 (S.I. No. 111 of 1979)

• Redundancy Payments (Weekly Payments) Order 1976 (S.I. No. 126 of 1976)

• Redundancy Contributions (Variation of Rates) Order 1976 (S.I. No. 81 of 1976)

• Redundancy Contributions (Variation of Rates) Order 1975 (S.I. No. 65 of 1975)

• Redundancy Payments (Waterford Port Dockers) Regulations 1975 (S.I. No. 73 of 1975)

• Redundancy (Resettlement Assistance) Regulations 1974 (S.I. No. 271 of 1974)

• Redundancy Payments (Weekly Payments and Lump Sum) Order 1974 (S.I. No. 82 of 1974)

• Redundancy Payments (Limerick Port Dockers) Regulations 1974 (S.I. No. 59 of 1974)

• Redundancy Payments (Galway Port Dockers) Regulations 1973 (S.I. No. 261 of 1973)

• Minimum Notice and Terms of Employment (Reference of Disputes) Regulations 1973 (S.I. No. 243 of 1973)

• Redundancy Contributions (Variation of Rates) Order 1973 (S.I. No. 172 of 1973)

• Redundancy Payments (Dundalk Port Dockers) Regulations 1973 (S.I. No. 95 of 1973)

• Redundancy Payments (Dublin Port Dockers) Regulations 1973 (S.I. No. 42 of 1973)

• Redundancy Contributions (Variation of Rates) Order 1972 (S.I. No. 172 of 1972)

• Redundancy Payments (Dublin Port Dockers) Regulations 1971 (S.I. No. 301 of 1971)

• Redundancy (Resettlement Assistance) Regulations 1971 (S.I. No. 286 of 1971)

• Redundancy Contributions (Variation of Rates) Order 1971 (S.I. No. 36 of 1971)

• Redundancy (Rebates and Weekly Payments) (Amendment) Regulations 1969 (S.I. No. 134 of 1969)

• Redundancy (Redundancy Appeals Tribunal) (Amendment) Regulations 1969 (S.I. No. 26 of 1969)

• Redundancy Contributions (Method of Payment) Regulations 1968 (S.I. No. 272 of 1968)

• Redundancy (Collection of Contributions) (Revocation) Regulations 1968 (S.I. No. 271 of 1968)

• Redundancy Payments Act (Authorised Officers) Order 1968 (S.I. No. 106 of 1968)

• Redundancy (Redundancy Appeals Tribunal) Regulations 1968 (S.I. No. 24 of 1968)

• Redundancy (Inspection of Records) Regulations 1968 (S.I. No. 12 of 1968)

• Redundancy (Rebates and Weekly Payments) Regulations 1968 (S.I. No. 11 of 1968)

• Redundancy (Resettlement Assistance) Regulations 1968 (S.I. No. 8 of 1968)

• Redundancy (Repayment and Recovery of Payments) Regulations 1968 (S.I. No. 5 of 1968)

• Redundancy (Collection of Contributions) Regulations 1968 (S.I. No. 4 of 1968)

• Redundancy Certificate Regulations 1968 (S.I. No. 3 of 1968)

• Redundancy (Notice of Dismissal) Regulations 1968. (S.I. No. 2 of 1968)

• Redundancy Payments Act, 1967 (Appointed Day) Order 1967 (S.I. No. 302 of 1967)

All statutory instruments up to and including Appointment of Special Advisers (Minister of State at the Department of Agriculture, Food and the Marine) Order 2022 (S.I. No. 199 of 2022), made 20 April 2022, were considered in the preparation of this revision.

Number 21 of 1967

REDUNDANCY PAYMENTS ACT 1967

REVISED

Updated to 19 April 2022

ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

	Short title.	Interpretation.	Commencement.	Classes of persons to which this Act applies.	Laying of regulations and certain draft orders before Houses of Oireachtas.	Section
1.	Short Title.
2.	Interpretation.
3.	Commencement.
4.	Classes of persons to which this Act applies.
5.	Laying of regulations and certain draft orders before Houses of Oireachtas.

PART II

Redundancy Payment

6.	Definition for Part II.
7.	General right to redundancy payment.
8.	Qualification of general right under section 7.
9.	Dismissal by employer.
10.	Employee anticipating expiry of employer’s notice.
11.	Lay-off and short-time.
12.	Right to redundancy payment by reason of lay-off or short-time.
12A.	Operation of section 12 - emergency period.
13.	Right of employer to give counter-notice.
14.	Disentitlement to redundancy payment because of dismissal for misconduct.
15.	Disentitlement to redundancy payment for refusal to accept alternative employment.
16.	Associated companies.
17.	Notice of proposed dismissal for redundancy.
18.	Redundancy certificate.
19.	Payment of lump sum by employer.
20.	Change of ownership of business.
21.	Implied or constructive termination of contract.
22.	Application of this Part upon employer’s or employee’s death.
23.	Modification of right to redundancy payment where previous redundancy payment has been paid.
24.	Time-limit on claims for redundancy payment.
25.	Employment wholly or partly abroad.

PART III

Redundancy Fund

26.	Establishment of the Redundancy Fund.
27.	Financing of Redundancy Fund.
28.	Amount of weekly contribution to Redundancy Fund.
29.	Rebates to employers from the Redundancy Fund.
30.	Weekly payments to employees from Redundancy Fund.
31.	Regulations as to entitlement to weekly payment and to allowance under Industrial Training Act, 1967.
32.	Other payments to employees from Redundancy Fund.
32A.	Covid-19 related lay-off payment.
33.	Regulations as to payment of contributions.
34.	Preparation and issue of redundancy stamps, etc.
35.	Persons employed by more than one employer, etc.
36.	Regulations for Part III.

PART IV

Miscellaneous Provisions

37.	Deciding officers.
38.	Decisions by deciding officers.
39.	Redundancy Appeals Tribunal and appeals and references thereto.
39A.	Appeal to Labour Court from decision of adjudication officer.
40.	[Appeal to High Court on point of law.]
41.	Revision of decisions.
42.	Provisions relating to winding up and bankruptcy.
43.	Recovery of sums due to Redundancy Fund.
44.	Application of section 52 of the Act of 1952.
45.	Application of Section 53 of Act of 1952.
46.	Aid to unemployed persons changing residence.
47.	Special redundancy schemes for employees excluded from Act.
48.	Provision for officers and servants on Córas Iompair Éireann and Óstlanna Iompair Éireann Teoranta.
49.	Power to modify or wind-up existing schemes and arrangements for the provision of superannuation and redundancy payments.
50.	Application of Probation of Offenders Act, 1907.
51.	Voidance of purported exclusion of provisions of this Act.
52.	Offences by bodies corporate.
53.	Provisions regarding notices.
54.	Certificate of decision by deciding officer.
55.	Power to remove difficulties.
56.	Expenses of Minister.
57.	Regulations regarding keeping of records, furnishing of information and inspection of records.
58.	Regulations providing for offences.

SCHEDULE 1

SCHEDULE 2

SCHEDULE 3

Acts Referred to
Social Welfare Act, 1952	1952, No. 11
Companies Act, 1963	1963, No. 33
Industrial Training Act, 1967	1967, No. 5
Deeds of Arrangement Act, 1887	1887, c. 57
Succession Act, 1965	1965, No. 27
Public Offices Fees Act, 1879	1879, c. 58
Inland Revenue Regulations Act, 1890	1890, c. 21
Stamp Duties Management Act, 1891	1891, c. 38
Stamp Act, 1891	1891, c. 39
Post Office Act, 1908	1908, c. 48
Preferential Payments in Bankruptcy (Ireland) Act, 1889	1889, c. 60
Bankruptcy (Ireland) Amendment Act, 1872	1872, c. 58
Transport Act, 1964	1964, No. 30
Probation of Offenders Act, 1907	1907, c. 17
Social Welfare (Occupational Injuries) Act, 1966	1966, No. 16

Number 21 of 1967

REDUNDANCY PAYMENTS ACT 1967

REVISED

Updated to 19 April 2022

AN ACT TO PROVIDE FOR THE MAKING BY EMPLOYERS OF PAYMENTS TO EMPLOYEES IN RESPECT OF REDUNDANCY, TO ESTABLISH A REDUNDANCY FUND AND TO REQUIRE EMPLOYERS AND EMPLOYEES TO PAY CONTRIBUTIONS TOWARDS THAT FUND, TO PROVIDE FOR PAYMENTS TO BE MADE OUT OF THAT FUND TO EMPLOYERS AND EMPLOYEES, TO PROVIDE FINANCIAL ASSISTANCE TO CERTAIN UNEMPLOYED PERSONS CHANGING RESIDENCE, AND TO PROVIDE FOR OTHER MATTERS (INCLUDING OFFENCES) CONNECTED WITH THE MATTERS AFORESAID. [18th December, 1967.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Annotations

Modifications (not altering text):

Prospective affecting provision: functions transferred and Employment Appeals Tribunal construed by Workplace Relations Act 2015 (16/2015), s. 66, not commenced as of date of revision.

Transfer of functions from Employment Appeals Tribunal

66.(1) (a) All functions that, immediately before the dissolution day, were vested in the Employment Appeals Tribunal are transferred to the Commission in so far as they relate to any claim for redress, dispute or complaint determined by the Employment Appeals Tribunal under an employment enactment before that day.

(b) All functions that, immediately before the dissolution day, were vested in the Employment Appeals Tribunal are transferred to the Labour Court in so far as they relate to appeals determined by the Employment Appeals Tribunal under an employment enactment before that day.

(2) (a) References in any enactment or instrument under an enactment to the Employment Appeals Tribunal in so far as they relate to a function transferred by paragraph (a) of subsection (1) shall be construed as references to the Commission.

(b) References in any enactment or instrument under an enactment to the Employment Appeals Tribunal in so far as they relate to a function transferred by paragraph (b) of subsection (1) shall be construed as references to the Labour Court.

(3) This section shall come into operation on the dissolution day.

Functions transferred and references construed (14.10.2020) by Employment Affairs and Employment Law (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 438 of 2020), arts. 2, 3(1)(a), (2) and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Business, Enterprise and Innovation.

(2) References to the Department of Employment Affairs and Social Protection contained in any Act or any instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Business, Enterprise and Innovation.

3. (1) The functions vested in the Minister for Employment Affairs and Social Protection -

(a) by or under the Acts specified in Part 1 of the Schedule and the provisions of the Acts specified in Part 2 of the Schedule, and

...

are transferred to the Minister for Business, Enterprise and Innovation.

...

(2) References to the Minister for Employment Affairs and Social Protection contained in any Act or instrument made under such Act and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Business, Enterprise and Innovation.

SCHEDULE

PART 2

PROVISIONS OF ACTS OF THE OIREACHTAS

Redundancy Payments Act 1967 (No. 21 of 1967)

...

Application of collectively cited Redundancy Payments Acts 1967 to 1990 (“relevant enactment” as per s. 3) extended (20.12.2001) by Protection of Employees (Part-Time Work) Act 2001 (45/2001), s. 8, S.I. No. 636 of 2001.

Application of relevant enactments.

8.— Each relevant enactment shall apply to a part-time employee in the same manner, and subject to the like exceptions not inconsistent with this section, as it applies, other than by virtue of this Act, to an employee to whom that enactment relates.

Application of collectively cited Redundancy Payments Acts 1967 to 1991 not restricted (1.04.2000) by National Minimum Wage Act 2000 (5/2000), s. 41(12), S.I. No. 96 of 2000.

Employer in financial difficulty

41. — ...

(12) For the purposes of calculating an employee’s entitlement to a redundancy payment under the Redundancy Payments Acts, 1967 to 1991, any exemption under this section shall be ignored and the calculation made as if the employee had been paid the national minimum hourly rate of pay to which he or she was otherwise entitled under this Act, for the period of the exemption.

Application of collectively cited Redundancy Payments Acts 1967 to 1990 extended (1.05.1997) by Labour Services Act Apprenticeship Rules 1997 (S.I. No. 168 of 1997), rl. 7(1).

Dismissal

7. (1) Subject to 7 (2), no employer shall dismiss any apprentice save in strict accordance with the provision of the Unfair Dismissals Acts 1977 and 1993, the Protection of Employment Act 1977, the Minimum Notice and Terms of Employment Act 1973, and the Redundancy Payments Acts 1967 to 1990.

Term “Redundancy Appeals Tribunal” construed (9.05.1977) by Unfair Dismissals Act 1977 (10/1977), s. 18, S.I. No. 138 of 1977.

Employment Appeals Tribunal.

18.—The tribunal established by section 39 of the Redundancy Payments Act, 1967, shall be known as the Employment Appeals Tribunal and references in that Act and any other Act of the Oireachtas and any instrument made under any Act of the Oireachtas to the Redundancy Appeals Tribunal shall be construed as references to the Employment Appeals Tribunal.

Application of Act extended (1.09.1971) by Redundancy Payments Act 1971 (20/1971), s. 2, S.I. No. 230 of 1971.

Extension of application of certain provisions of Acts.

2. — In relation to an employee whose employment is terminated by reason of redundancy on or after the commencement of this Act, any provision of the Principal Act or this Act which affects or relates to the preservation of continuity of the employee‘s employment shall apply to periods of employment before the 1st day of January, 1968, as they apply to such periods after that date.

Application of Act extended (1.10.1971) by Redundancy Payments Act 1971 (20/1971), s. 8, S.I. No. 230 of 1971.

Redundancy payment to certain employees dismissed before commencement of Act.

8.— (1) Where an employee who was dismissed before the commencement of this Act was not entitled to redundancy payment under the Principal Act in respect of the dismissal solely because the requirements of the business carried on by his employer for employees to carry out work of a particular kind, or to carry out such work in the place where the employee had been so employed, had not ceased or diminished or were not expected to cease or diminish, the Minister may, at his discretion and notwithstanding the Principal Act, pay to that employee out of the Redundancy Fund a sum equal in amount to the sum to which he would have been entitled under the Principal Act if the said requirements had ceased or diminished or were expected to cease or diminish.

(2) In relation to the amendments of the Principal Act referred to in section 19 (2), the Minister may, in respect of a dismissal or a termination of employment in the period beginning on the 22nd day of January, 1971 and ending on the commencement of this section and notwithstanding the Principal Act, pay to an employee out of the Redundancy Fund any moneys to which the employee may become entitled by virtue of the said section 19 (2).

Power to adapt and modify Act vested in Minister (1.09.1971) by Redundancy Payments Act 1971 (20/1971), s. 17, S.I. No. 230 of 1971; references to “Minister” construed as references to “Minister for Social Protection” (1.01.2011) by Redundancy and Insolvency Payments (Transfer of Departmental Administration and Ministerial Functions) Order 2010 (S.I. No. 189 of 2010), art. 3(2), in effect as per reg. 1(2).

Reciprocal arrangements

17.—(1) The Minister may make such orders as may be necessary to carry out any reciprocal or other arrangements, made with the proper authority under any other Government, in respect of matters relating to redundancy payments, and may by any such order make such adaptations of and modifications in the Principal Act as he considers necessary.

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

Editorial Notes:

For purposes of collectively cited Redundancy Payments Acts 1967 to 1914 an employee not permitted to return to work to whom the Parent’s Leave and Benefit Act 2019 applies shall be deemed to have been dismissed by reason of redundancy, the date of dismissal being deemed to be the date of expected return, as provided (1.11.2019) by Parent’s Leave and Benefit Act 2019 (35/2019), s. 22(2), S.I. No. 629 of 2019.

Date of redundancy in respect of employees to whom collectively cited Redundancy Payments Acts 1967 to 2014 applies prescribed (1.08.2016) by Paternity Leave and Benefit Act 2016 (11/2016), s. 26(2), S.I. No. 435 of 2016.

Collectively cited Redundancy Payments Acts 1967 to 2014 included in definitions of “employment enactment” and “relevant enactment” (1.08.2015) by Workplace Relations Act 2015 (16/2015), s. 2 and sch. 1 part 1 item 18, S.I. No. 338 of 2015, with the following effects:

• Authorised officers or inspectors under employment enactments deemed to be appointed under Workplace Relations Act 2015 (16/2015), s. 26(2) and subject to termination under s. 26(4).

• Powers of inspectors for purposes of relevant enactments defined in Workplace Relations Act 2015 (16/2015), s. 27.

• Workplace Relations Commission, an inspector or an adjudication officer authorised to disclose employer’s registered number or employee’s PPSN to enable Labour Court to perform functions under relevant enactments by Workplace Relations Act 2015 (16/2015) s. 31(5).

• Power of Workplace Relations Commission and official body to disclose information to each other concerning the commission of offence under relevant enactment provided by Workplace Relations Act 2015 (16/2015), s. 32.

• Power of Workplace Relations Commission and contracting authority to disclose information to each other concerning the commission of offence under employment enactment/ relevant enactment provided by Workplace Relations Act 2015 (16/2015), s. 33.

• Powers of Minister to prosecute under relevant enactments transferred to Workplace Relations Commission and references construed by Workplace Relations Act 2015 (16/2015), s. 37.

• Functions of EAT to hear claims under employment enactments transferred to Workplace Relations Commission and references to EAT construed by Workplace Relations Act 2015 (16/2015) s. 66(1), (2), not commenced as of date of revision.

Employee deemed to be dismissed by reason of redundancy in certain circumstances and date of redundancy prescribed (3.12.1998) by Parental Leave Act 1998 (30/1998), s. 25(3)(b), commenced as per s. 1(2).

Employee deemed to be dismissed by reason of redundancy in certain circumstances and date of redundancy prescribed (20.03.1995) by Adoptive Leave Act 1995 (2/1995), s. 29, S.I. No. 64 of 1995.

Employee deemed to be dismissed by reason of redundancy in certain circumstances and date of redundancy prescribed (30.01.1995) by Maternity Protection Act 1994 (34/1994), s. 40(2), S.I. No. 16 of 1995.

Previous affecting provision: application of collectively cited Redundancy Payments Acts 1967 to 1990 ("relevant enactment" as per s. 1) extended (17.06.1991) by Worker Protection (Regular Part-Time Employees) Act 1991 (5/1991), s. 3, 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.

Previous affecting provision: references to “Redundancy Fund” construed (30.11.1984) by Protection of Employees (Employers’ Insolvency) Act 1984 (21/1984), s. 2, commenced on enactment; repealed (6.04.1991) by Social Welfare Act 1991 (7/1991), s. 39(2), commenced as per subs. (3).

Previous affecting provision: application of Act restricted (1.09.1971) by Redundancy Payments Act 1971 (20/1971), s. 3, S.I. No. 230 of 1971; repealed (8.05.2007) by Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007 (27/2007), s. 20, commenced on enactment.

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Redundancy Payments Act 1967