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27 2007

Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007

PART 4

Amendments of the Redundancy Payments Act 1967

Amendment of section 2 (interpretation) of the Redundancy Payments Act 1967 .

14 .— Section 2 of the Redundancy Payments Act 1967 is amended in subsection (1) by substituting the following for the definition of “the Minister”:

“ ‘ Minister ’ means the Minister for Enterprise, Trade and Employment;”.

Amendment of section 4 (classes of persons to which this Act applies) of the Redundancy Payments Act 1967 .

15 .— Section 4 of the Redundancy Payments Act 1967 is amended by substituting the following for subsection (1):

“(1) Subject to this section and to section 47, this Act applies to—

(a) employees employed in employment which is insurable for all benefits under the Social Welfare Consolidation Act 2005 ,

(b) employees who were so employed in such employment in the period of four years ending on the date of termination of employment, and

(c) employees who have attained the age of 66 years and are in employment that would be insurable for all benefits under the Social Welfare Consolidation Act 2005 but for—

(i) their attainment of that age, or

(ii) the fact that the employment concerned is excepted employment by reason of paragraph 2, 4 or 5 of Part 2 of Schedule 1 to that Act.”.

Amendment of section 7 (general right to redundancy payment) of the Redundancy Payments Act 1967 .

16 .— Section 7 of the Redundancy Payments Act 1967 is amended by inserting the following after subsection (2):

“(2A) For the purposes of subsection (1), an employee who is dismissed shall be taken not to be dismissed by reason of redundancy if—

(a) the dismissal is one of a number of dismissals that, together, constitute collective redundancies as defined in section 6 of the Protection of Employment Act 1977 ,

(b) the dismissals concerned were effected on a compulsory basis,

(c) the dismissed employees were, or are to be, replaced, at the same location or elsewhere in the State, (except where the employer has an existing operation with established terms and conditions) by—

(i) other persons who are, or are to be, directly employed by the employer, or

(ii) other persons whose services are, or are to be, provided to that employer in pursuance of other arrangements,

(d) those other persons perform, or are to perform, essentially the same functions as the dismissed employees, and

(e) the terms and conditions of employment of those other persons are, or are to be, materially inferior to those of the dismissed employees.”.

Amendment of section 38 (decisions by deciding officers) of the Redundancy Payments Act 1967 .

17 .— Section 38 of the Redundancy Payments Act 1967 is amended in subsection (1) by substituting the following for paragraphs (a) to (f):

“(a) as to who is the employer of an employee,

(b) in relation to the payment from the Social Insurance Fund of—

(i) rebates to employers under section 29, or

(ii) lump sums to employees under section 32,

or

(c) on such other matters arising under this Act as are prescribed,”.

Amendment of section 39 (Redundancy Appeals Tribunal and appeals and references thereto) of the Redundancy Payments Act 1967 .

18 .— Section 39 of the Redundancy Payments Act 1967 is amended in subsection (16) by deleting “in the prescribed manner”.

Further amendments (penalties) of the Redundancy Payments Act 1967 .

19 .— The Redundancy Payments Act 1967 is amended in each of the provisions of it specified in the Table to this section by substituting the amount specified in column (3) of that Table for the amount specified in column (2) of that Table opposite the number of the provision concerned.

TABLE

(1)

(2)

(3)

Provision

Delete

Substitute

Section 17(3)

€3,000

€5,000

Section 18(4)

€3,000

€5,000

Section 36(3)

€3,000

€5,000

Section 39(17)(e)

£150

€5,000