Finian McGrath (Dublin North Central, Independent)
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Question 350: To ask the Minister for Enterprise, Trade and Employment the reason a company (details supplied) closed, leaving staff and suppliers without their payments; and the action taken against this company. [31719/05]

Tony Killeen (Clare, Fianna Fail)
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Officers of the Labour Inspectorate met some of the workers in June 2005 to discuss their concerns. The employees concerned were advised of the relevant bodies to which their complaints should be addressed. In that regard they were told that matters relating to allegations of workplace bullying are dealt with by the Health and Safety Authority, Temple Court, 10 Hogan Place, Dublin 2. I understand several employees have made formal complaints to the authority.

They were also advised that matters relating to dismissal generally are more appropriately put to either the rights commissioner service of the Labour Relations Commission or the Employment Appeals Tribunal under the Unfair Dismissals Acts or Industrial Relations Acts and that complaints relating to changes to terms and conditions of employment or delays in pay should also be addressed to the rights commissioner service of the Labour Relations Commission.

Regarding issues concerning P35 and P60, the employees were advised that the appropriate authority for such issues is the Revenue Commissioners.

With regard to breaches of the Payment of Wages Act 1991, it is the responsibility of the employee to present his or her complaint to a rights commissioner. The legislation does not give me, as Minister, the power to present complaints. With regard to the scheduling or hearing of cases by a rights commissioner, this is a matter solely for the management of the rights commissioner service of the Labour Relations Commission.

In addition, some employees expressed concern regarding their pay slips. The Payment of Wages Act 1991 provides that employers must give to each employee with every wage packet a written statement of gross wages, or pay slip, itemising each deduction. The Labour Inspectorate is responsible only for monitoring compliance with that specific provision, and in that regard the Labour Inspectorate is investigating the matter. The inspectorate has been in contact with representatives of the company to inspect the relevant records. The Deputy will appreciate that this task is difficult in circumstances where the company is now closed, and the company is unable at present to gain access to the premises in which the records are retained. However, every effort is being made to gain access to the relevant records.

Regarding any suppliers of the company who are owed money by the company, they should pursue that issue through the legal channels available to them.