Redundancy Payments Act 1967
Modification of right to redundancy payment where previous redundancy payment has been paid.
23.—(1) This section shall apply where—
(a) a lump sum is paid to an employee under section 19, whether in respect of dismissal, lay-off or short-time,
(b) the contract of employment under which he was employed (in this section referred to as the previous contract) is renewed, whether by the same or another employer, or he is re-engaged under a new contract of employment, whether by the same or another employer, and
(c) the circumstances of the renewal or re-engagement are such that, in determining for the purposes of section 7 (1) or Schedule 3 whether at any subsequent time he has been continuously employed for the requisite period, or for what period he has been continuously employed, the continuity of his period of employment would, apart from this section, be treated as not having been broken by the termination of the previous contract and the renewal or re-engagement.
(2) In determining for the purposes of section 7 (1) or section 19 in a case to which this section applies whether at any subsequent time an employee has been continuously employed for the requisite period, or for what period he has been continuously employed, the continuity of the period of employment shall be treated as having been broken at the date which was the date of dismissal in relation to the lump sum mentioned in subsection (1) (a), and any time before that date shall be disregarded.
(3) For the purposes of this section a lump sum shall be treated as having been paid if the whole of the payment has been paid to the employee by the employer or if the Minister has paid a sum to the employee in respect of the redundancy payment under section 32.
F51[(4) This section shall not apply in any case to which section 19 of the Unfair Dismissals Act, 1977, applies.]
Inserted (6.04.1979) by Redundancy Payments Act 1979 (7/1979), s. 17 and sch., S.I. No. 95 of 1979.