John McGuinness (Carlow-Kilkenny, Fianna Fail)
Link to this: Individually | In context

Question 323: To ask the Minister for Jobs, Enterprise and Innovation if he operates a fund to pay employees the amount awarded by the Employment Appeals Tribunal relative to unfair dismissal cases in instances where employers have left the State or simply cannot pay the award; the options open to the employee or the tribunal in such cases to insist that payment be made; his plans to support employees in such cases; and if he will make a statement on the matter. [1444/12]

Richard Bruton (Dublin North Central, Fine Gael)
Link to this: Individually | In context

My Department does not operate a fund from which compensation for non-payment by employers of awards arising from determinations of the Employment Appeals Tribunal (EAT) may be claimed.

Generally, where the Employment Appeals Tribunal makes an award in favour of an employee, an employer has six weeks in which to comply. If the employer fails to do so within this period, the employee or the employee's trade union may make an application to the Circuit Court for an order directing the employer to comply with the determination. Where an employee is not in a position to do so, (e.g. for reasons of cost) the matter can be referred to NERA Enforcement Services Unit, which may, in certain circumstances, make an application to the Courts for an order on his/her behalf.

In deciding whether or not to intervene in the Minister's name, NERA would have regard to the amount of the award, the potential for achieving a favourable outcome for the claimant and the scale of the costs likely to be incurred in doing so. The enforcement of a Circuit Court order in these circumstances is the responsibility of the relevant County Sheriff and my Department has no capacity to intervene.