Redundancy Payments Act 1979
Number 7 of 1979
REDUNDANCY PAYMENTS ACT 1979
REVISED
Updated to 1 February 2019
This Revised Act is an administrative consolidation of the Redundancy Payments Act 1979. 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 Local Government Act 2019 (1/2019), enacted 25 January 2019, and all statutory instruments up to and including Brown Crab (Conservation Of Stocks) Regulations 2019 (S.I. No. 26 of 2019), made 1 February 2019, 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 7 of 1979
Number 7 of 1979
REDUNDANCY PAYMENTS ACT 1979
REVISED
Updated to 1 February 2019
ARRANGEMENT OF SECTIONS
Miscellaneous Amendments of Principal Act
Number 7 of 1979
REDUNDANCY PAYMENTS ACT 1979
REVISED
Updated to 1 February 2019
AN ACT TO AMEND AND EXTEND THE REDUNDANCY PAYMENTS ACTS, 1967 TO 1973, AND TO PROVIDE FOR OTHER CONNECTED MATTERS. [20th March, 1979]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Modifications (not altering text):
C1
Application of collectively cited Redundancy Payments Acts 1967 to 1990 not restricted (20.12.2001) by Protection of Employees (Part-Time Work) Act 2001 (45/2001), ss. 9(3) and 11(3), S.I. No. 636 of 2001.
Conditions of employment for part-time employees.
9. — ...
(3) Nothing in subsection (2) shall be construed as affecting the application of a relevant enactment, by virtue of section 8, to a part-time employee.
Part-time employees who work on a casual basis.
11. — ...
(3) Nothing in subsection (2) shall be construed as affecting the application of a relevant enactment, by virtue of section 8, to a part-time employee.
C2
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.
C3
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.
C4
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.
C5
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.
Application of relevant enactments.
3.—Subject to section 2 of this Act and where appropriate, each relevant enactment, other than the Holidays (Employees) Act, 1973, shall apply to a regular part-time employee in the same manner as it applies, other than by virtue of this Act, to an employee to whom that enactment relates.
Editorial Notes:
E1
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 2 item 1, 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.
E2
Previous affecting provision: application of collectively cited Redundancy Payments Acts 1967 to 1990 extended (1.08.1995) by Labour Services Act Apprenticeship Rules 1995 (S.I. No. 198 of 1995), rl. 7(1); revoked (1.05.1997) by Labour Services Act Apprenticeship Rules 1997 (S.I. No. 168 of 1997), rl. 1(3).
E3
Previous affecting provision: application of collectively cited Redundancy Payments Acts 1967 to 1990 extended (1.08.1994) by Labour Services Act Apprenticeship Rules 1995 (S.I. No. 228 of 1994), rl. 7(1); revoked (1.08.1995) by Labour Services Act Apprenticeship Rules 1995 (S.I. No. 198 of 1995), rl. 1(3).
E4
Previous affecting provision: application of collectively cited Redundancy Payments Acts 1967 to 1990 extended (1.09.1993) by Labour Services Act Apprenticeship Rules 1993 (S.I. No. 236 of 1993), rl. 7(1); revoked (1.09.1994) by Labour Services Act Apprenticeship Rules 1994 (S.I. No. 228 of 1994), rl. 1(3).