M50 Barrier Free Tolling
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A redundancy has a very broad definition and can arise in the following situations:
Collective redundancy is a situation where there are a number of dismissals by way of redundancies within a consecutive 30 days, for example, at least 5 in a business employing more than 20 and less than 50.
The employer must comply with two basic provisions:
Employees must be fairly selected for redundancy. The selection must be based on objective factors, for example, the skills and experience of the employee. The selection further cannot be based on any discriminatory grounds. It is important to note that the ‘Last in First Out’ rule does not automatically apply when it comes to selecting employees for redundancy.
In order to be eligible for redundancy, employees must have a minimum of 104 weeks continuous service with the employer, and must also be over the age of sixteen years. ‘Week’ in this regard is held to mean a ‘working week’.
It is also important to note that if the employer offers the employee ‘suitable alternative accommodation’, this offer may disentitle the employee to redundancy. The question of whether the suitable alternative employment is indeed so will depend on the circumstances of each case.
Employers must consider all vacancies within the organisation and whether the employee to be made redundant is suitable for those vacancies. It is imperative that employers are aware that a failure to offer alternative vacancies may lead to a claim for unfair dismissal.
The statutory redundancy payment to which an employee is entitled comprises of the following:
It should be noted that the gross weekly wage at the date of dismissal is capped at €600. This statutory redundancy payment is given tax free to the employee.
Ex gratia payments are at the discretion of the employer and are taxable in the employee’s hands.
An important point to note is that both the employer and employee must sign a form called RP50 and submit it to the Department of Enterprise Trade & Employment in order to receive payment. This must be done at least two weeks prior to the redundancy taking place.