Mr. John O'Sullivan:

I thank everyone for their kind comments about the petition. I submitted the petition and got involved in the Employment Appeals Tribunal due to frustration. I went into the process with the belief that it was an informal, efficient and inexpensive means of finding a solution to my problem and I ended up with four years of total frustration, not on my behalf but on behalf of the employer. I felt that there were many deficiencies in the system and so many doors closed against my getting justice at the end of the day. The person who was responsible walked away and gave me, the Employment Appeals Tribunal and the country, the fingers. The person more or less said that having brought me through the process they were walking away and having a bloody good laugh at me. That was my reason for making the petition, to try to highlight some of the inefficiencies and inadequacies in the system.

Our friend from IBEC said an award could be made of two years’ salary. The wording is that one “may be” awarded. I have rarely seen a case of such an award. The other issue is the time delay involved. Going through the process has put enormous stress on my life and that of my family. Only for my own ability and determination I would never have got a resolution. At the end of the day the Department co-operated with me to find a solution but it was mainly due to the frustration caused by the system and my own ability and belief that I could get a resolution. I said earlier that it was not about money, it was about justice. I do not want to see other people going through the same process without having a door open for them. The system is not in place for them to get a resolution in a quick and efficient way.

It was said that I could have gone through the courts. I did go through the courts but the person involved had moved from one door to another and when the sheriff arrived at his door he was told the man did not live there anymore, that he was no longer involved and he could not be touched. That resulted in more frustration. I had gone through the legal system. I could have gone further but did not due to the stress involved and the cost, which is not within the ability of the ordinary person to pay. The person who has lost a job having been employed for 20 years or 30 years who is fighting such a battle does not have either the finance or, with respect, the intelligence, to pursue the issue. For that reason I made this representation in the hope that there could be changes in the law so that the onus would be put back on the person who is responsible at the end of the day - let it be the claimant or the employer. In most cases if an employee is going to fight a case then he or she believes in all honesty that he or she is right. There has been an insinuation that people do not turn up for cases but if they have genuine cases and believe they will get a quick and efficient response they will go through the process. However, I hope they will not have to go through what I experienced, namely, four years, to get a solution and at the end of the day the person responsible took no responsibility and was not punished in any way and it ended up that the Government had to pay me my insolvency.