Redundancy Payments Act 1967

Disentitlement to redundancy payment because of dismissal for misconduct.

14

14. (1) Subject to subsection (2), an employee who has been dismissed shall not be entitled to redundancy payment if his employer, being entitled to terminate that employee’s contract of employment without notice by reason of the employee’s conduct, terminates the contract because of the employee’s conduct—

( a) without notice,

( b) by giving shorter notice than that which, in the absence of such conduct, the employer would be required to give to terminate the contract, or

( c) by giving notice (other than such notice as is mentioned in subparagraph ( b)) which includes, or is accompanied by, a statement in writing that the employer would, by reason of such conduct, be entitled to terminate the contract without notice.

(2) When an employee who has received the notice required by section 17 takes part, before the date of dismissal, in a strike and his employer by reason of such participation, terminates the contract of employment with the employee in a manner mentioned in subsection (1), that subsection shall not apply to such termination.

(3) Where an employee who has given notice to terminate his contract of employment by reason of lay-off or short-time takes part, before the expiry of the notice, in a strike and, by reason of such participation, is dismissed, subsection (1) shall not apply.