James Bannon (Longford-Westmeath, Fine Gael)
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Question 184: To ask the Tánaiste and Minister for Enterprise, Trade and Employment the reason a company (details supplied) has failed to pay their workers for the past six to eight weeks despite the company having received payment from the local authority for contracted work completed; and if she will make a statement on the matter. [47913/08]

Billy Kelleher (Cork North Central, Fianna Fail)
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Section 5(6)(b) of the Payment of Wages Act 1991 provides that the failure of an employer to pay wages properly payable to an employee represents an illegal deduction from the wages of the employee. Employees who believe that illegal deductions have been made from their wages may present a complaint to the Rights Commissioner Service. The Rights Commissioner Service may be contacted at The Secretariat, Rights Commissioners Service, The Labour Relations Commission, Tom Johnson House, Haddington Road, Dublin 4, Tel: 1890 220 227. I have also forwarded details of the company, to which the Deputy referred, to the National Employment Rights Authority (NERA) for attention; NERA is responsible for monitoring compliance with Employment Rights Legislation.

Paul Kehoe (Wexford, Fine Gael)
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Question 185: To ask the Tánaiste and Minister for Enterprise, Trade and Employment the options available to a person who won an unfair dismissal case but cannot get the compensation from their employer against whom they took their case; and if she will make a statement on the matter. [48008/08]

Billy Kelleher (Cork North Central, Fianna Fail)
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There are two courses of action open to an employee in the circumstances to which the Deputy refers, depending on whether the determination/ruling/recommendation was made by a Rights Commissioner or the Employment Appeals Tribunal. If the case was heard by a Rights Commissioner the employee may, within six weeks of the date on which the Rights Commissioner communicated the recommendation to the parties, submit a claim in writing to the Employment Appeals Tribunal seeking implementation of the recommendation. The appropriate form may be obtained from the Tribunal or from the National Employment Rights Authority (NERA). In such cases, the Tribunal is empowered to issue a determination without rehearing the case and, if it upholds the claim, to confirm the recommendation of the Rights Commissioner in its determination.

If the case was heard by the Employment Appeals Tribunal the employee, or the Minister for Enterprise, Trade and Employment on behalf of the employee, may apply to the Circuit Court for an order directing the employer to implement the Tribunal determination. The Circuit Court may issue an order directing the employer to implement the terms of the Tribunal determination or if it considers it appropriate in cases where the Tribunal directed the re-instatement or re-engagement of the employee, alter that determination to make an order for financial compensation to the employee concerned. Further information on unfair dismissals legislation may be obtained from the National Employment Rights Authority (NERA) at lo call 1890 80 80 90 or at www.employmentrights.ie.