Redundancy payments act, 1967

• Enactment Date: 18 December 1967
• Act Number: 21

Number 21 of 1967
REDUNDANCY PAYMENTS ACT, 1967
ARRANGEMENT OF SECTIONS
PART I
Preliminary and General
Section 1. Short title. 2. Interpretation. 3. Commencement. 4. Classes of persons to which this Act applies. 5. Laying of regulations and certain draft orders before Houses of Oireachtas.
PART II
Redundancy Payment
6. Definition for Part II. 7. General right to redundancy payment. 8. Qualification of general right under section 7. 9. Dismissal by employer. 10. Employee anticipating expiry of employer's notice. 11. Lay-off and short-time. 12. Right to redundancy payment by reason of lay-off or short-time. 13. Right of employer to give counter-notice. 14. Disentitlement to redundancy payment because of dismissal for misconduct. 15. Disentitlement to redundancy payment for refusal to accept alternative employment. 16. Associated companies. 17. Notice of proposed dismissal for redundancy. 18. Redundancy certificate. 19. Payment of lump sum by employer. 20. Change of ownership of business. 21. Implied or constructive termination of contract. 22. Application of this Part upon employer's or employee's death. 23. Modification of right to redundancy payment where previous redundancy payment has been paid. 24. Time-limit on claims for redundancy payment. 25. Employment wholly or partly abroad.
PART III
Redundancy Fund
26. Establishment of the Redundancy Fund. 27. Financing of Redundancy Fund. 28. Amount of weekly contribution to Redundancy Fund. 29. Rebates to employers from the Redundancy Fund. 30. Weekly payments to employees from Redundancy Fund. 31. Regulations as to entitlement to weekly payment and to allowance under Industrial Training Act, 1967. 32. Other payments to employees from Redundancy Fund. 33. Regulations as to payment of contributions. 34. Preparation and issue of redundancy stamps, etc. 35. Persons employed by more than one employer, etc. 36. Regulations for Part III.
PART IV
Miscellaneous Provisions
37. Deciding officers. 38. Decisions by deciding officers. 39. Redundancy Appeals Tribunal and appeals and references thereto. 40. Reference and appeal to the High Court. 41. Revision of decisions. 42. Provisions relating to winding up and bankruptcy. 43. Recovery of sums due to Redundancy Fund. 44. Application of section 52 of the Act of 1952. 45. Application of Section 53 of Act of 1952. 46. Aid to unemployed persons changing residence. 47. Special redundancy schemes for employees excluded from Act. 48. Provision for officers and servants on Córas Iompair Éireann and Óstlanna Iompair Éireann Teoranta. 49. Power to modify or wind-up existing schemes and arrangements for the provision of superannuation and redundancy payments. 50. Application of Probation of Offenders Act, 1907. 51. Voidance of purported exclusion of provisions of this Act. 52. Offences by bodies corporate. 53. Provisions regarding notices. 54. Certificate of decision by deciding officer. 55. Power to remove difficulties. 56. Expenses of Minister. 57. Regulations regarding keeping of records, furnishing of information and inspection of records. 58. Regulations providing for offences.
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
Acts Referred to Social Welfare Act, 1952 1952, No. 11 Companies Act, 1963 1963, No. 33 Industrial Training Act, 1967 1967, No. 5 Deeds of Arrangement Act, 1887 1887, c. 57 Succession Act, 1965 1965, No. 27 Public Offices Fees Act, 1879 1879, c. 58 Inland Revenue Regulations Act, 1890 1890, c. 21 Stamp Duties Management Act, 1891 1891, c. 38 Stamp Act, 1891 1891, c. 39 Post Office Act, 1908 1908, c. 48 Preferential Payments in Bankruptcy (Ireland) Act, 1889 1889, c. 60 Bankruptcy (Ireland) Amendment Act, 1872 1872, c. 58 Transport Act, 1964 1964, No. 30 Probation of Offenders Act, 1907 1907, c. 17 Social Welfare (Occupational Injuries) Act, 1966 1966, No. 16
Number 21 of 1967
REDUNDANCY PAYMENTS ACT, 1967
AN ACT TO PROVIDE FOR THE MAKING BY EMPLOYERS OF PAYMENTS TO EMPLOYEES IN RESPECT OF REDUNDANCY, TO ESTABLISH A REDUNDANCY FUND AND TO REQUIRE EMPLOYERS AND EMPLOYEES TO PAY CONTRIBUTIONS TOWARDS THAT FUND, TO PROVIDE FOR PAYMENTS TO BE MADE OUT OF THAT FUND TO EMPLOYERS AND EMPLOYEES, TO PROVIDE FINANCIAL ASSISTANCE TO CERTAIN UNEMPLOYED PERSONS CHANGING RESIDENCE, AND TO PROVIDE FOR OTHER MATTERS (INCLUDING OFFENCES) CONNECTED WITH THE MATTERS AFORESAID. [18th December, 1967.]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—
PART I Preliminary and General
	Short title.	1.—This Act may be cited as the Redundancy Payments Act, 1967.
	Interpretation.	2.—(1) In this Act—
	“the Act of 1952” means the Social Welfare Act, 1952 ;
	“business” includes a trade, industry, profession or undertaking, or any activity carried on by a person or body of persons, whether corporate or unincorporate, or by a public or local authority or a Department of State, and the performance of its functions by a public or local authority or a Department of State;
	“date of dismissal”, in relation to an employee, means—
	(a) where his contract of employment is terminated by notice given by his employer, the date on which that notice expires,
	(b) where his contract of employment is terminated without notice, whether by the employer or by the employee, the date on which the termination takes effect, and
	(c) where he is employed under a contract for a fixed term, and that term expires without the contract being renewed, the date on which that term expires,
	and cognate phrases shall be construed accordingly;
	“employee” means a person who has entered into or works under (or, in the case of a contract which has been terminated, worked under) a contract with an employer, whether the contract is for manual labour, clerical work or otherwise, is express or implied, oral or in writing, and whether it is a contract of service or apprenticeship or otherwise, and “employer” and reference to employment shall be construed accordingly;
	“employee's redundancy contribution” and “employer's redundancy contribution” have the meanings assigned to them by section 27;
	“the Employment Service” means the employment service operated under the control of the Minister and known by that title;
	“lay-off” has the meaning assigned to it by section 11 (1);
	“lump sum” has the meaning assigned to it by section 19;
	“the Minister” means the Minister for Labour;
	“prescribed” means prescribed by regulations made by the Minister under this Act;
	“rebate” has the meaning assigned to it by section 29;
	“redundancy payment” has the meaning assigned to it by section 7;
	“short-time” has the meaning assigned to it by section 11 (2);
	“sickness” or “illness” includes being incapable of work within the meaning of the Act of 1952;
	“special redundancy scheme” has the meaning assigned to it by section 47;
	“the Tribunal” has the meaning assigned to it by section 39 (1);
	“week”, in relation to an employee whose remuneration is calculated weekly by a week ending on a day other than Saturday, means a week ending on that other day and, in relation to any other employee, means a week ending on Saturday, and “weekly” shall be construed accordingly;
	“weekly payment” has the meaning assigned to it by section 30.
	(2) In this Act a reference to a Part, section or schedule is to a Part or section of, or schedule to, this Act unless it is indicated that reference to some other enactment is intended.
	(3) In this Act a reference to a subsection, paragraph, sub-paragraph or other division is to the subsection, paragraph, sub-paragraph or other division of the provision (including a schedule) in which the reference occurs, unless it is indicated that reference to another provision is intended.
	(4) For the purposes of the operation of this Act in relation to an employee whose remuneration is payable to him by a person other than his employer, reference in this Act to an employer shall be construed as reference to the person by whom the remuneration is payable.
	Commencement.	3.—This Act shall come into operation on such day as the Minister appoints by order.
	Classes of persons to which this Act applies.	4.—(1) Subject to this section and to section 47 this Act shall apply to employees employed in employment which is insurable for all benefits under the Social Welfare Acts, 1952 to 1966 and to employees who were so employed in such employment in the period of two years ending on the date of termination of employment.
	(2) This Act shall not apply to a person who is normally expected to work for the same employer for less than 21 hours in a week.
	(3) (a) For the purpose of the application of this Act to an employee who is employed in a private household this Act (other than section 20) shall apply as if the household were a business and the maintenance of the household were the carrying on of that business by the employer.
	(b) This Act shall not apply to any person in respect of employment where the employer is the father, mother, grandfather, grandmother, stepfather, stepmother, son, daughter, grandson, granddaughter, stepson, stepdaughter, brother, sister, halfbrother or halfsister of the employee, where the employee...