Joan Burton (Dublin West, Labour) | Oireachtas source

I am not familiar with the case to which the Deputy just referred. If she would care to give me the details - the name of the employer, company number and so on - I will get her a report on the case. I cannot reply to her on the spot about that particular question because I was not made aware of it. The Deputy did not reference it in her question.

Under the provisions of the Protection of Employees (Employers’ Insolvency) Act 1984, an employer company shall be regarded as being insolvent if the company is placed into receivership, if a winding-up order has been made or if a resolution for the voluntary liquidation of the company has been passed. The Department is continuing to review the position to establish what, if anything, can be done to progress payments to individuals in situations where employers cease trading without engaging in a formal winding-up process and owe moneys to their employees. The Department is consulting a range of interested parties, including the Office of the Director of Corporate Enforcement, the Department of Jobs, Enterprise and Innovation and the Revenue Commissioners, in respect of these issues. Officials from the Department will continue to engage with all relevant parties to try to progress the matter. Given the very difficult legal issues that need to be addressed, I am not in a position to indicate at this stage when the review will be completed. We do not yet have a legal solution to it because there are all sorts of consequences that might flow from taking a legal position that was not carefully worked out. It could damage other people as well as addressing the problems faced by some people. It would be helpful if the Deputy sent us the detail of the case to which she refers.

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