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Employment Claims Redundancy

8 Redundancy/Employer Insolvency Claims to the Workplace Relations Commission (WRC)

redundancy claims

If you have lost your job due to redundancy, or your employer has become insolvent-that is, in receivership or liquidation-there are approximately 8 types of claim you can bring to the Workplace Relations Commission.

Let’s take a look:

  1. You did not receive a redundancy payment.

Section 7 of the Redundancy Payment act, 1967 provides for a redundancy payment entitlement. Learn about how you qualify for redundancy here.

  1. You did not receive the correct redundancy payment amount.

You are entitled to 2 weeks’ gross pay for every year of service, subject to a maximum of €600 per week. In addition, you are entitled to 1 bonus week. This is tax free.

  1. Your employer is not able to pay but you have not received proof of his inability to pay.
  1. Your representative was not consulted in relation to a proposed collective redundancy.

Section 9 of the Protection of Employment Act, 1977 requires this consultation.

  1. Your representative was not given all the relevant information concerning the redundancy

Section 10 of the Protection of Employment Act, 1977 provides that the employer must give certain information to your representative.

  1. Your employer did not give a copy of the prescribed information to the Minister (for Labour).

Section 10 (3) of the Protection of Employment Act, 1977 sets out this obligation.

  1. You are unhappy with the amount of redundancy the Deciding Officer has decided on.

Section 39 of the Redundancy Payment Act, 1967 allows you to appeal this decision to the WRC.

  1. You did not receive a payment, under the Insolvency Payments Scheme, or did not receive the full amount, to which you were entitled.

When your employer is insolvent eg in receivership or liquidation, you are entitled to claim from the Insolvency Payments Scheme in respect of arrears of pay, holiday pay, and other statutory entitlements. Section 9 of the Protection of Employees (Employers’ Insolvency) Act, 1984 allows you to make a complaint to the WRC.