First Previous (REDUNDANCY PAYMENTS ACT, 1979)

7 1979

REDUNDANCY PAYMENTS ACT, 1979

SCHEDULE

Miscellaneous Amendments of Principal Act

Section 17 .

Provision Amended

Nature of Amendment

(1)

(2)

Section 2(1)

The substitution of “‘employer's redundancy contribution’ has the meaning assigned to it by section 27;” for “‘employee's redundancy contribution’ and ‘employer's redundancy contribution’ have the meanings assigned to them by section 27;”.

Section 4(2)

The substitution of “20 hours” for “21 hours”.

Section 15(3)

The substitution of “any further weekly payments” for “a weekly payment for a period not exceeding six weeks” (inserted by the Act of 1971).

Section 17(3)

The substitution of “£300” for “fifty pounds”.

Section 18(4)

The substitution of “£300” for “fifty pounds”.

Section 23

The insertion of the following subsection after subsection (3):

“(4) This section shall not apply in any case to which section 19 of the Unfair Dismissals Act, 1977 , applies.”.

Section 32

The insertion in subsection (1) (a) after “the balance,” of “or”.

Section 33(2)

The substitution of “£300” for “fifty pounds” and of “further fines of £50” for “further such fines”.

Section 36(3)

The substitution of “£300” for “fifty pounds”.

Section 39(2)

The substitution for paragraph (b) of “(b) not more than 5 vice-chairmen,” and for paragraph (c) (inserted by the Act of 1971) of “(c) not less than 12 and not more than 30 ordinary members.”.

Section 39(3)

The insertion of the following subsection after subsection (3):

“(3A) Notwithstanding subsection (2), whenever the Minister is of the opinion that for the speedy despatch of the business of the Tribunal it is expedient that there should be added further vice-chairmen or further ordinary members (or both further vice-chairmen and further ordinary members), he may make such additional appointments, and the reference in subsection (4) shall include a reference to this subsection.”.

Section 39(15)

The substitution of “may appeal to the Tribunal against the decision;” for “may, on giving notice of appeal to the Minister in the prescribed manner, have the question referred to the Tribunal for a decision thereon;”.

Section 39(17) (e)

The substitution of “£150” for “twenty pounds”.

Section 58

The substitution of “£50” for “ten pounds”.

Schedule 1

The substitution of the following paragraphs for paragraphs 8 and 9:

“8. Whenever a person who has received a weekly payment obtains employment or for any reason ceases to receive weekly payments he shall not receive any further weekly payments.

9. Whenever a person entitled to a weekly payment obtains employment before the expiration of any period mentioned in paragraph 4 (inserted by the Redundancy Payments Act, 1971 ) he shall not receive a weekly payment.”.

Schedule 3

The insertion in paragraph 4 after “the employment” of “, but for the purposes of this paragraph ‘dismissal’ does not include a dismissal within the meaning of the Unfair Dismissals Act, 1977 , and in respect of which redress has been awarded under section 7 (1) (a) or 7 (1) (b) of that Act”.

The insertion after paragraph 4 of the following paragraph:

“4A. Notwithstanding anything in paragraph 4 (and anything in clause (b) of the definition of “date of dismissal” in section 2), the period of notice due to an employee under section 4 (2) (a) of the Minimum Notice and Terms of Employment Act, 1973 , but not given by the employer, shall, where the Tribunal so orders, be allowed as continuous service for redundancy purposes where, but for the failure of the employer to comply with the provisions of that Act, the employee would have qualified for redundancy payment.”.

The insertion after paragraph 5 (1) (c) of the following—

“(d) a period of not more than 13 consecutive weeks during which the employee gave birth to a child,”.

The insertion in paragraph 7 after “sickness,” of “a dismissal within the meaning of the Unfair Dismissals Act, 1977 , and in respect of which redress has been awarded under section 7 (1) (a) or 7 (1) (b) of that Act,”.

Acts Referred to

Companies Act, 1963

1963, No. 33

Minimum Notice and Terms of Employment Act, 1973

1973, No. 4

Preferential Payments in Bankruptcy (Ireland) Act, 1889

1889, c. 60

Redundancy Payments Act, 1967

1967, No. 21

Redundancy Payments Act, 1971

1971, No. 20

Redundancy Payments Act, 1973

1973, No. 11

Redundancy Payments Act, 1967 to 1973

Social Welfare Act, 1952

1952, No. 11

Social Welfare Acts, 1952 to 1978

Social Welfare (Amendment) Act, 1978

1978, No. 25

Unfair Dismissals Act, 1977

1977, No. 10