Leo Varadkar (Dublin West, Fine Gael)
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Question 128: To ask the Tánaiste and Minister for Enterprise, Trade and Employment if she will assist the persons (details supplied) in County Cavan who were unfairly dismissed and won their case at the Employment Appeals Tribunal; and if she will make a statement on the matter. [13220/09]

Billy Kelleher (Cork North Central, Fianna Fail)
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I understand that the person to whom the Deputy refers is one of a number of employees who were awarded compensation by the Employment Appeals Tribunal (EAT) in 2006 under the Unfair Dismissals Acts. The Unfair Dismissals (Amendment) Act, 1993 provides that an employee who has not received compensation within six weeks of an EAT determination being communicated to the parties, may apply to the Circuit Court for an order directing the employer to carry out the determination. Such applications may also, if appropriate, and having regard to all the circumstances, be made by the Minister for Enterprise, Trade and Employment.

Unfortunately, the advice I have received from the National Employment Rights Authority is that the taking of such proceedings and the enforcement of any Court Order, which might emanate therefrom, would in this case be problematical. I understand that the employer involved no longer resides or has a business in the State. I am also informed that representatives of the employees involved have instituted, or are considering the institution of, legal proceedings against the employer. Having regard to all the circumstances in this case, I regret that the State is not, therefore, in a position at this time to take enforcement proceedings under the Unfair Dismissals (Amendment) Act, 1993.