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21 1967

REDUNDANCY PAYMENTS ACT, 1967

PART IV

Miscellaneous Provisions

Deciding officers.

37. —The Minister may appoint from his officers such and so many persons as he thinks proper to be deciding officers for the purposes of this Act, and every person so appointed shall hold office as a deciding officer during the pleasure of the Minister.

Decisions by deciding officers.

38. —(1) Subject to this Act and in accordance with any relevant regulations, every question arising—

(a) in relation to a claim for a weekly payment,

(b) as to whether a person is disqualified for a weekly payment,

(c) as to the period of any disqualification for a weekly payment,

(d) as to whether, or at what rate, a redundancy contribution is or was payable by an employer in respect of an employee,

(e) as to who is the employer of an employee, or

(f) on any such other matter relating to this Act as may be prescribed,

shall be decided by a deciding officer.

(2) A reference in this section to a question arising in relation to a claim for a weekly payment includes a reference to a question whether a weekly payment is or is not payable.

Redundancy Appeals Tribunal and appeals and references thereto.

39. —(1) There shall be a Tribunal (which shall be known as the Redundancy Appeals Tribunal and is in this section hereinafter referred to as the Tribunal) to determine the appeals provided for in this section.

(2) The Tribunal shall consist of the following members—

(a) a chairman who shall be a practising barrister or solicitor of 7 years' standing at least,

(b) not more than 3 vice-chairmen, and

(c) not more than 12 ordinary members.

(3) The members of the Tribunal shall be appointed by the Minister and shall be eligible for re-appointment.

(4) The appointments pursuant to subsection (3) of the ordinary members of the Tribunal shall be made—

(a) as to one-half of those members, being persons nominated for that purpose by an organisation representative of trade unions of workers, and

(b) as to the other half of those members, from among persons nominated for that purpose by a body or bodies representative of employers.

(5) The term of office of a member of the Tribunal shall be such period as is specified by the Minister when appointing such member.

(6) (a) A member of the Tribunal may, by letter addressed to the Minister, resign his membership.

(b) A member of the Tribunal may be removed from office by the Minister.

(7) (a) Whenever a vacancy occurs in the membership of the Tribunal and is caused by the resignation, removal from office or death of an ordinary member mentioned in subsection (4) (a), the vacancy shall be filled by the Minister by appointment in the manner specified in that subsection.

(b) Whenever a vacancy occurs in the membership of the Tribunal and is caused by the resignation, removal from office or death of an ordinary member mentioned in subsection (4) (b), the vacancy shall be filled by the Minister by appointment in the manner specified in that subsection.

(8) In the case of a member of the Tribunal filling a vacancy caused by the resignation, removal from office or death of a member before the completion of the term of office of the last-mentioned member, the member filling that vacancy shall hold office for the remainder of the term of office of the person who so resigned, died or was so removed from office.

(9) A vice-chairman of the Tribunal shall act as chairman thereof when so required by the chairman or the Minister and when so acting shall have all the powers of the chairman.

(10) A member of the Tribunal shall be paid such remuneration (if any) and allowances as may be determined by the Minister with the consent of the Minister for Finance.

(11) Whenever the chairman of the Tribunal is of opinion that, for the speedy dispatch of the business of the Tribunal, it is expedient that the Tribunal should act by divisions, he may direct accordingly and, until he revokes his direction, the Tribunal shall be grouped as so directed.

(12) Each division of the Tribunal shall consist of either the chairman or a vice-chairman of the Tribunal, an ordinary member of the Tribunal mentioned in subsection (4) (a) and an ordinary member of the Tribunal mentioned in subsection (4) (b).

(13) The Minister may, with the consent of the Minister for Finance, appoint such officers and servants of the Tribunal as he considers necessary to assist the Tribunal in the performance of its functions, and such officers and servants shall hold office on such terms and receive such remuneration as the Minister for Finance determines.

(14) The decision of the Tribunal on any question referred to it under this section shall be final and conclusive, save that any person dissatisfied with the decision may appeal therefrom to the High Court on a question of law.

(15) Any employer who is dissatisfied with a decision given by the Minister in relation to a rebate or with any decision given by a deciding officer in relation to any question specified in section 38 (1) (d), 38 (1) (e) or 38 (1) (f), or any employee who is dissatisfied with a decision given by a deciding officer under section 38 or with any decision of an employer under this Act may, on giving notice of appeal to the Minister in the prescribed manner, have the question referred to the Tribunal for a decision thereon; provided however, that the Tribunal shall not be competent to decide whether or not an employee is or was at the material time in employment which is or was insurable for all benefits under the Social Welfare Acts, 1952 to 1966.

(16) A deciding officer may if he so thinks proper, instead of deciding it himself, refer in the prescribed manner to the Tribunal for a decision thereon any question which falls to be decided by him under section 38.

(17) (a) The Tribunal shall, on the hearing of any matter referred to it under this section, have power to take evidence on oath and for that purpose may cause to be administered oaths to persons attending as witnesses at such hearing.

(b) Any person who, upon examination on oath authorised under this subsection, wilfully and corruptly gives false evidence or wilfully and corruptly swears anything which is false, being convicted thereof, shall be liable to the penalties for wilful and corrupt perjury.

(c) The Tribunal may, by giving notice in that behalf in writing to any person, require such person to attend at such time and place as is specified in the notice to give evidence in relation to any matter referred to the Tribunal under this section or to produce any documents in his possession, custody or control which relate to any such matter.

(d) A notice under paragraph (c) may be given either by delivering it to the person to whom it relates or by sending it by post in a prepaid registered letter addressed to such person at the address at which he ordinarily resides.

(e) A person to whom a notice under paragraph (c) has been given and who refuses or wilfully neglects to attend in accordance with the notice or who, having so attended, refuses to give evidence or refuses or wilfully fails to produce any document to which the notice relates shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.

(18) The Tribunal shall submit an annual report to the Minister which shall be published.

(19) The Minister may make regulations giving effect to this section and such regulations may, in particular but without prejudice to the generality of the foregoing, provide for all or any of the following matters—

(a) the procedure to be followed regarding the submission of appeals to the Tribunal,

(b) the times and places of hearings by the Tribunal,

(c) the representation of parties attending hearings by the Tribunal,

(d) procedure regarding the hearing of appeals by the Tribunal,

(e) publication and notification of decisions of the Tribunal,

(f) notices relating to appeals or hearings by the Tribunal,

(g) the award by the Tribunal of costs and expenses and the payment of such awards,

(h) an official seal of the Tribunal,

(i) for treating the Minister as a party to any proceedings before the Tribunal where he would not otherwise be a party to them and entitling him to appear and be heard accordingly.

Reference and appeal to the High Court.

40. —Where any question, other than a question specified in section 38 (1) (a), 38 (1) (b) or 38 (1) (c), is referred to the Tribunal—

(a) the Minister may, on the request of the Tribunal, refer the question for the decision of the High Court, and

(b) if the question is decided by the Tribunal, any person who is dissatisfied with the decision may appeal therefrom to the High Court on any question of law.

Revision of decisions.

41. —(1) A deciding officer may, at any time and from time to time, revise any decision of a deciding officer, if it appears to him that the decision was erroneous in the light of new evidence or of new facts which have been brought to his notice since the date on which it was given or by reason of some mistake having been made with respect to the law or the facts, or if it appears to him in a case where a weekly payment has been payable that there has been any relevant change of circumstances since the decision was given, and the provisions of this Act as to appeals shall apply to such revised decision in the same manner as they apply to an original decision.

(2) Subsection (1) shall not apply to a decision relating to a matter which is on appeal or reference under section 39 unless the revised decision would be in favour of a claimant for a weekly payment.

(3) A revised decision given by a deciding officer shall take effect as follows:—

(a) where redundancy payment will, by virtue of the revised decision, be disallowed or reduced and the revised decision is given owing to the original decision having been given, or having continued in effect, by reason of any statement or representation (whether written or oral) which was to the knowledge of the person making it false or misleading in a material respect or by reason of the wilful concealment of any material fact, it shall take effect as from the date on which the original decision took effect, but, in a case in which the redundancy payment is by way of periodical payment, the original decision may, in the discretion of the deciding officer continue to apply to any period covered by such original decision to which such false or misleading statement or representation or such wilful concealment of any material fact does not relate;

(b) in any other case, it shall take effect as from the date considered appropriate by the deciding officer, but any payment already made at the date of the revision shall not be affected.

(4) Regulations may provide for the treating of any redundancy payment paid to an employee under a decision of a deciding officer, which it is subsequently decided was not payable, as paid on account of any other redundancy payment which it is decided was payable to that employee or for the repayment of any such payment and the recovery thereof by deduction or otherwise.

(5) Reference in this section to revision includes reference to revision consisting of a reversal.

Provisions relating to winding up and bankruptcy.

42. —(1) There shall be included among the debts which, under section 285 of the Companies Act, 1963 , are, in the distribution of the assets of a company being wound up, to be paid in priority to all other debts, all contributions payable by the company under this Act during the twelve months before the commencement of the winding up or the winding-up order, and that Act shall have effect accordingly, and formal proof of the debts to which priority is given under this subsection shall not be required except in cases where it may otherwise be provided by rules made under that Act.

(2) Subsection (1) shall not apply where a company is wound up voluntarily merely for the purposes of reconstruction or of amalgamation with another company.

(3) There shall be included among the debts which, under section 4 of the Preferential Payments in Bankruptcy (Ireland) Act, 1889, are, in the distribution of the property of a bankrupt or arranging debtor, to be paid in priority to all other debts, all contributions payable under this Act by the bankrupt or arranging debtor during the twelve months before the date of the order of adjudication in the case of a bankrupt or the filing of the petition for arrangement in the case of an arranging debtor, and that Act shall have effect accordingly, and formal proof of the debts to which priority is given under this subsection shall not be required except in cases where it may otherwise be provided by general orders made under the said Act.

(4) Every assignment of or charge on, and every agreement to assign or charge, a weekly payment shall be void and on the bankruptcy of any person entitled to a weekly payment the weekly payment shall not pass to the official assignee in bankruptcy or any trustee or other person acting on account of the creditors.

(5) Nothing in section 53 of the Bankruptcy (Ireland) Amendment Act, 1872, or in section 286 of the Companies Act, 1963 , shall apply to any redundancy payments made by an employer.

Recovery of sums due to Redundancy Fund.

43. —All moneys due to the Redundancy Fund shall be recoverable as debts due to the State and, without prejudice to any other remedy, may be recovered by the Minister as a debt under statute in any court of competent jurisdiction.

Application of section 52 of the Act of 1952.

44. —Section 52 (other than subsections (4) and (6) thereof) of the Act of 1952 shall apply in relation to redundancy contributions, redundancy cards and redundancy stamps, and in relation to benefits under this Act as it applies to cards, stamps, benefits, contributions and other payments under the Act of 1952.

Application of Section 53 of Act of 1952.

45. —Section 53 of the Act of 1952 shall apply in relation to offences under this Act or under regulations thereunder as it applies to offences under the Act of 1952 or to offences under regulations thereunder, save that in the said application reference in the said section 53 to the Minister for Social Welfare shall be construed as reference to the Minister.

Aid to unemployed persons changing residence.

46. —(1) The Minister may, for the purpose of achieving such a degree of geographical mobility of labour as is, in his opinion, desirable in the interests of promoting national economic policy, make with the consent of the Minister for Finance regulations providing for financial assistance, out of moneys provided by the Oireachtas, to unemployed persons or to persons about to be declared redundant who are obliged to change their normal place of residence in order to take up employment offered or approved by the Employment Service.

(2) Without prejudice to the generality of subsection (1), regulations under this section—

(a) may provide for the payment or recoupment, in whole or in part, of the costs of transport (including the transport of household effects) arising out of a change of residence and for allowances in respect of lodgings, and

(b) may impose conditions, time limits and financial limits in respect of any moneys payable under the regulations.

(3) Notwithstanding anything contained in section 4, regulations under this section may apply to workers belonging to a class excluded from this Act by the said section 4.

Special redundancy schemes for employees excluded from Act.

47. —(1) The Minister may, in respect of a class of employee excluded from this Act by section 4 or by an order made thereunder, and after consultation with representatives of employers interested in the form of work normally carried on by employees of that class and with representatives of employees so interested, prepare and cause to be carried out a scheme (in this Act referred to as a special redundancy scheme) providing in accordance with the terms of the special redundancy scheme for redundancy payment to employees of that class.

(2) Whenever the Minister has prepared a special redundancy scheme he shall, as soon as he thinks fit after such preparation, make an order providing for the carrying into effect on a specified date of that special redundancy scheme, and from that date that scheme shall be so carried into effect.

Provision for officers and servants of Córas Iompair Éireann and Óstlanna Iompair Éireann Teoranta.

48. —(1) Section 9 of the Transport Act, 1964 , shall not apply to a person who, after the commencement of this Act, becomes an officer or servant of the Board unless such person was, or, but for a casual interruption of his employment, would have been, an officer or servant of the Board at such commencement and continues to be an officer or servant of the Board except for casual interruptions of employment.

(2) Where, before the commencement of this Act, a person is in receipt of compensation under section 9 of the Transport Act, 1964 , subsection (1) shall not operate to diminish his right to such compensation.

(3) Where a person, on or after the commencement of this Act, becomes entitled to compensation under section 9 (4) of the Transport Act, 1964 , in consequence of the termination of his employment with the Board or with the Company, he shall, notwithstanding any other provision of this Act, stand disqualified, as on and from the date of such entitlement, for redundancy payment in respect of such employment and all contributions under this Act paid in respect of that person as an employee of the Board or of the Company shall be refunded to the person who paid such contributions.

(4) In this section—

the Board” means Córas Iompair Éireann ;

the Company” means Óstlanna Iompair Éireann Teoranta.

Power to modify or wind-up existing schemes and arrangements for the provision of superannuation and redundancy payments.

49. —Any scheme or arrangement for the provision of pensions, compensation for redundancy or other benefits (including any scheme or arrangement established or provided by or under, or having statutory force by virtue of, any enactment and any scheme evidenced only by one or more policies of insurance) may be modified, or wound up, in connection with the establishment under this Act of a scheme for the provision of redundancy payments by agreement between the parties concerned in the scheme or arrangement.

Application of Probation of Offenders Act, 1907.

50. —Where an employer is charged with an offence relating to redundancy contributions the court shall not make an order under section 1 (1) of the Probation of Offenders Act, 1907, until it is satisfied that all arrears in respect of the contributions have been paid by the employer.

Voidance of purported exclusion of provisions of this Act.

51. —Any provision in an agreement (whether a contract of employment or not) shall be void in so far as it purports to exclude or limit the operation of any provision of this Act.

Offences by bodies corporate.

52. —Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Provisions regarding notices.

53. —(1) Any notice which under this Act is required or authorised to be given by an employer to an employee may be given by being delivered to the employee, or left for him at his usual or last-known place of residence, or sent by post addressed to him at that place.

(2) Any notice which under this Act is required or authorised to be given by an employee to an employer may be given either by the employee himself or by a person authorised by him to act on his behalf, and, whether given by or on behalf of the employee,—

(a) may be given by being delivered to the employer, or sent by post addressed to him at the place where the employee is or was employed by him, or

(b) if arrangements in that behalf have been made by the employer, may be given by being delivered to a person designated by the employer in pursuance of the arrangements, or left for such a person at a place so designated, or sent by post to such a person at an address so designated.

(3) In this section reference to the delivery of a notice shall, in relation to a notice not required by this Act to be in writing, be construed as including a reference to the oral communication of the notice.

(4) Any notice which, in accordance with this section, is left for a person at a place referred to in this section shall, unless the contrary is proved, be presumed to have been received by him on the day on which it was left there.

(5) Nothing in subsection (1) or (2) shall be construed as affecting the capacity of an employer to act by a servant or agent for the purposes of any provision (including either of those subsections) of this Act.

Certificate of decision by deciding officer.

54. —A document purporting to be a certificate of a decision made pursuant to this Act or regulations by a deciding officer and to be signed by him shall be prima facie evidence of the making of the said decision, and of the terms thereof, without proof of the signature of such officer or of his official capacity.

Power to remove difficulties.

55. —(1) If in any respect any difficulty arises in bringing into operation this Act or any amendment or repeal effected by this Act, the Minister may by order do anything which appears to be necessary or expedient for bringing this Act into operation, and any such order may modify a provision of this Act so far as may appear necessary or expedient for carrying the order into effect.

(2) Every order made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution is passed by either House of the Oireachtas within the next twenty-one days on which that House has sat after the order is laid before it annulling such order, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done under the order.

(3) No order may be made under this section after the expiration of one year after the commencement of this Act.

Expenses of Minister.

56. —(1) Any expenses incurred by the Minister or any other Minister in carrying this Act into effect shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

(2) There shall be paid to the Minister for Finance out of the Redundancy Fund, at such times and in such manner as the Minister for Finance may direct, such sums as the Minister may estimate, on such basis as may be agreed upon between him and the Minister for Finance, to be the part of the said expenses of the Minister or any other Minister in carrying into effect section 39, and any sums so paid shall be appropriated in aid of moneys provided by the Oireachtas for carrying this Act into effect.

(3) In estimating expenses for the purposes of subsection (2), there shall be included such amount as, in the opinion of the Minister for Finance, represents the amount of the accruing liability in respect of any superannuation or other retiring allowances, lump sums or gratuities accruing in respect of the employment of any officer or other person for the purposes of this Act.

Regulations regarding keeping of records, furnishing of information and inspection of records.

57. —For the purpose of ensuring the effective operation of this Act, the Minister may make regulations providing for the keeping of records and the furnishing of information by employers and for the inspection by authorised officers of the Minister of records or other documents in the custody or under the control of employers.

Regulations providing for offences.

58. —The Minister may by regulations provide for offences consisting of contraventions of or failure to comply with a provision of this Act or of contraventions of or failure to comply with regulations under this Act and for the recovery on summary conviction of such offences of fines not exceeding specified amounts not exceeding ten pounds, together with, in the case of continuing offences, further such fines in respect of each of the days on which the offences are continued.