Protection of Employees (Employers' Insolvency) Act, 1984


1.—(1) In this Act—

“the Act of 1967” means the Redundancy Payments Act, 1967 ;

“the Act of 1973” means the Minimum Notice and Terms of Employment Act, 1973 ;

“the Act of 1974” means the Anti-Discrimination (Pay) Act, 1974 ;

“the Act of 1977” means the Unfair Dismissals Act, 1977 ;

“the Act of 1981” means the Social Welfare (Consolidation) Act, 1981 ;

“company” means, except when the context otherwise requires, a company within the meaning of section 2 of the Companies Act, 1963 , or any other body corporate whether incorporated within or outside the State;

“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 any reference to employment shall be construed accordingly;

“holiday pay” means—

(a) pay in respect of a holiday actually taken; or

(b) any holiday pay which had accrued at the date of the termination of the employee's employment and which, had his employment with the employer continued until he became entitled to a holiday, would under the employee's contract of employment in the ordinary course have become payable to him on becoming so entitled;

“the Minister” means the Minister for Labour;

“occupational pension scheme” means any scheme or arrangement which, forming part of a contract of employment, provides or is capable of providing, in relation to employees in any description of employment, benefits (in the form of pensions or otherwise) payable to or in respect of any such employees on the termination of their employment or on their death or retirement;

“prescribed” means prescribed by regulations under this Act;

“relevant officer” means an executor, an administrator, the official assignee or a trustee in bankruptcy, a liquidator, a receiver or manager, or a trustee under an arrangement between an employer and his creditors or under a trust deed for his creditors executed by an employer;

“the Tribunal” means the Employment Appeals Tribunal.

(2) Any reference in this Act to the assets of an occupational pensions scheme is a reference to the funds or other property out of which the benefits provided by the scheme are payable from time to time, including the proceeds of any policy of insurance taken out, or contract entered into, for the purposes of the scheme.

(3) For the purposes of this Act, an employer shall be taken to be or, as may be appropriate, to have become insolvent if, but only if,

(a) he has been adjudicated bankrupt or has filed a petition for or has executed a deed of, arrangement (within the meaning of section 4 of the Deeds of Arrangement Act, 1887 ); or

(b) he has died and his estate, being insolvent, is being administered in accordance with the rules set out in Part I of the First Schedule to the Succession Act, 1965 ; or

(c) where the employer is a company, a winding up order is made or a resolution for voluntary winding up is passed with respect to it, or a receiver or manager of its undertaking is duly appointed, or possession is taken, by or on behalf of the holders of any debentures secured by any floating charge, of any property of the company comprised in or subject to the charge, or

(d) he is an employer of a class or description specified in regulations under section 4 (2) of this Act which are for the time being in force and the circumstances specified in the regulations as regards employers of such class or description obtain in relation to him.