S.I. No. 349/2020 - Redundancy Payments Act 1967 (Section 12A(2)) (Covid-19) (No. 3) Order 2020


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 22th September, 2020.

WHEREAS the Emergency Measures in the Public Interest (Covid-19) Act 2020 (No. 2 of 2020) made exceptional provision, in the public interest and having regard to the manifest and grave risk to human life and public health posed by the spread of the disease known as Covid-19 and in order to mitigate, where practicable, the effect of the spread of that disease and to mitigate the adverse economic consequences resulting, or likely to result from the spread of that disease;

AND WHEREAS section 29 of the said Act amended the Redundancy Payments Act 1967 (No. 21 of 1967) to make provision in relation to the operation of certain provisions of the Redundancy Payments Act 1967 for a certain period following the enactment of the Emergency Measures in the Public Interest (Covid-19) Act 2020 and such further period (if any) as may be specified by order of the Government;

AND WHEREAS subsection (5) of section 12A (inserted by section 29 of the Emergency Measures in the Public Interest (Covid-19) Act 2020 ) of the Redundancy Payments Act 1967 has defined the “emergency period” for the purposes of that section as ending on 31 May 2020;

AND WHEREAS subsection (2) of section 12A of the Redundancy Payments Act 1967 provided that, before the expiration of the emergency period, the Government may, by order, at the request of the Minister for Employment Affairs and Social Protection made after consultation with the Minister for Health, with the consent of the Minister for Public Expenditure and Reform and having had regard to the matters referred to in subsection (3) of the said section 12A, specify a date that is later than the expiration date of the emergency period specified in the definition of “emergency period” or the last order made under subsection (2) of the said section 12A, as the case may be, and the emergency period shall be read as extending to, and including the date so specified;

AND WHEREAS the Government by order dated 29th May 2020 entitled the Redundancy Payments Act 1967 (Section 12A(2)) (Covid-19) Order 2020 ( S.I. No. 193 of 2020 ) specified the 10th day of August 2020 as the date to which the emergency period, as defined in subsection (5) of section 12A (inserted by section 29 of the Emergency Measures in the Public Interest (Covid-19) Act 2020 ) of the Redundancy Payments Act 1967 , shall be extended;

AND WHEREAS the Government by further order dated 4th August 2020 entitled the Redundancy Payments Act 1967 (Section 12A(2)) (Covid-19) (No. 2) Order 2020 ( S.I. No. 290 of 2020 ) specified the 17th day of September 2020 as the date to which the emergency period, as defined in subsection (5) of section 12A (inserted by section 29 of the Emergency Measures in the Public Interest (Covid-19) Act 2020 ) of the Redundancy Payments Act 1967 , shall be extended;

AND WHEREAS the Minister for Employment Affairs and Social Protection, having consulted with the Minister for Health, with the consent of the Minister for Public Expenditure and Reform, and having regard to the matters referred to in subsection (3) of section 12A of the Redundancy Payments Act 1967 , has made a request in accordance with subsection (2) of section 12A of the Redundancy Payments Act 1967 ;

Now the Government, in exercise of the powers conferred on them by subsection (2) of section 12A of the Redundancy Payments Act 1967 , and having had regard to the matters referred to in subsection (3) of section 12A of the Redundancy Payments Act 1967 , hereby order as follows:

1. This Order may be cited as the Redundancy Payments Act 1967 (Section 12A(2)) (Covid-19) (No. 3) Order 2020.

2. The 30th day of November 2020 is hereby specified as the date to which the emergency period, as defined in subsection (5) of section 12A (inserted by section 29 of the Emergency Measures in the Public Interest (Covid-19) Act 2020 (No. 2 of 2020)) of the Redundancy Payments Act 1967 (No. 21 of 1967), shall be extended.

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GIVEN under the Official Seal of the Government,

15 September, 2020.

MICHEÁL MARTIN,

Taoiseach.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order extends, until 30th November 2020, the emergency period during which section 12 of the Redundancy Payments Act 1967 shall not have effect.