Written answers

Tuesday, 22 September 2009

Department of Enterprise, Trade and Employment

Employment Rights

9:00 pm

Photo of Tommy BroughanTommy Broughan (Dublin North East, Labour)
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Question 78: To ask the Tánaiste and Minister for Enterprise, Trade and Employment if all of the outstanding issues relating to the exploitation of workers by an organisation (details supplied) have been fully addressed and the workers involved have been paid in full including overtime or compensatory payments; if a bank is currently being investigated for its alleged role in the alleged non-payment of the workers; and if she will make a statement on the matter. [32154/09]

Photo of Dara CallearyDara Calleary (Mayo, Fianna Fail)
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The Supreme Court judgment of 30th April 2009 allowed the report of the inspector to be circulated to certain bodies. These certain bodies are those as listed in the interlocutory order made by the High Court on 22 April 2005 and are as follows – (i) the Garda National Immigration Bureau (ii) the Competition Authority (iii) the Director of Corporate Enforcement (iv) the Garda Fraud Squad (v) the Revenue Commissioners All of the parties already listed above have been made aware of the Supreme Court judgement and all have copies of the report.

The final step in the legal process following on the Supreme Court judgement delivered on 30th April 2009 is the granting of a final perfected order by the Court. This order will be consistent with the Judgement delivered. The Supreme Court has asked that the Minister have an order drafted that will include a list identifying those entities to whom the Report should be circulated. This draft has already been made up and sent to counsel for advice and presentation to the Supreme Court. The draft will be pleaded before the Supreme Court by both sides and a perfected final order will then be granted by the Supreme Court. As regards the investigation of any body following on information contained in this report it is the case that until such time as the perfected final order of this judgement has been granted by the Supreme Court no action relating to the report may be taken by any of the bodies in possession of the report.

Great difficulties have been experienced in ascertaining whether and what payments were eventually made to the GAMA workers involved. Awards of €8,000 each in lieu of overtime were made at an early stage through LRC/Labour Court adjudication to a number of the protesting GAMA workers and others. It was difficult from the information supplied to confirm for certain whether all of the Irish Gama workers had received full value for the amounts transferred to them by payments made to them through their personal Finansbank and Isbank accounts. It will be open to the various agencies of the State to consider what further action may be possible when the final order is granted by the Supreme Court.

Photo of John O'MahonyJohn O'Mahony (Mayo, Fine Gael)
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Question 79: To ask the Tánaiste and Minister for Enterprise, Trade and Employment when a company (details supplied) in County Mayo will receive their employer's rebate; and if she will make a statement on the matter. [32359/09]

Photo of Dara CallearyDara Calleary (Mayo, Fianna Fail)
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The Redundancy Payments Section of the Department received applications from the above company in respect of statutory rebates for two of their former employees. An application which was received in late 2008 has been authorised and payment will issue shortly. The second application received from the company in June 2009 awaits processing.

Due to the unprecedented increase in the volume of claims on hand, claims completed manually, submitted by post and received in January and claims submitted online (to www.entemp.ie) received in February are currently being processed. Claims submitted online because of their nature tend to have a faster processing time. All claims are processed strictly in order of date of receipt in fairness to all claimants.

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