Richard Bruton (Dublin North Central, Fine Gael)
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Question 206: To ask the Minister for Enterprise, Trade and Employment the powers which are available to the Employment Appeals Tribunal to ensure that awards made are honoured by employers who have been found to be in breach of employment law; and if he will seek a report on the extent to which such awards are not honoured, as occurred in the case of a person (details supplied) in Dublin 9. [7852/07]

Tony Killeen (Clare, Fianna Fail)
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Generally, employment legislation provides that, where the relevant body makes an award by way of a decision or determination in favour of the employee, the employer is allowed six weeks to implement the award. During the six week period either party concerned may appeal on a point of law to the Circuit or High Court, as appropriate. If, on the expiry of that period, the employer has failed to implement the award the District or Circuit Court, as appropriate, may, on application by the employee concerned, the employee's trade union with the consent of the employee or the Minister, if the Minister considers it appropriate to make the application having regarding to all the circumstances, make an order directing the employer to carry out the determination in accordance with its terms.

Some 119 cases involving the failure of an employer to implement an award of the Labour Court or the Employment Appeals Tribunal were, in 2006, referred to the Minister of Enterprise, Trade and Employment by an employee or trade union with a view to an application being made for an order directing the employer to carry out the determination. In cases where the Chief State Solicitors Office so advises, legal proceedings may be instituted.

Details of any applications made directly to the District or Circuit Court by employees or trade unions and of awards not followed up by employees on the expiry of the six week period are not available to the Department. The Prosecution and Enforcement Unit of the Department of Enterprise, Trade and Employment deals with the enforcement of determinations coming from the Labour Court and Employment Appeals Tribunal where the employer has failed to carry out the terms of the determination.

If the person referred to by the Deputy contacts the Enforcement Unit at Telephone Nos. 01-6313314 or 6313017, they will be advised of the steps necessary for the institution of legal proceedings to enforce the award.

Paul Kehoe (Wexford, Fine Gael)
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Question 207: To ask the Minister for Enterprise, Trade and Employment if workers are entitled to a higher rate of pay for working on Sundays irrespective of whether they are full-time or part-time; and if he will make a statement on the matter. [7920/07]

Tony Killeen (Clare, Fianna Fail)
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Under the Organisation of Working Time Act 1997 an employee, irrespective of whether he or she is full-time or part-time, is entitled to a premium for Sunday work if having to work on Sunday has not otherwise been taken account of in the determination of his or her pay. This Sunday premium consists of:

(a) a payment to the employee of an allowance of such amount as is reasonable having regard to all the circumstances, or

(b) an increase in the employee's rate of pay by such an amount as is reasonable having regard to all the circumstances, or

(c) the grant to the employee of such paid time off from work as is reasonable having regard to all the circumstances, or

(d) a combination of two or more of the means referred to at (a) to (c) above.

If an employer refuses to grant an employee a premium for working on Sunday it is open to that employee to refer the matter to a Rights Commissioner for adjudication. If the value of a Sunday premium is not specified in a collective agreement applying to the employee who has taken the case to the Rights Commissioner, the Rights Commissioner can have regard, in determining the case, to the value of any premium for Sunday work provided for in a collective agreement which applies to an employee who is employed to do, under similar circumstances, identical or similar work in the same industry or sector as the employee who has made the claim to the Rights Commissioner.