Written answers

Tuesday, 18 January 2011

Department of Community, Rural and Gaeltacht Affairs

Employment Rights

8:00 am

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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Question 431: To ask the Minister for Community, Equality and Gaeltacht Affairs, in view of the Equality Tribunal's refusal to process cases in respect of dissolved companies, if his attention has been drawn to the legal implications for the State if an employee initiates a Francovich-style legal action against him on the basis that they have been deprived of protection against discrimination in that they cannot proceed with an action before the tribunal. [2447/11]

Photo of Mary WhiteMary White (Minister of State with special responsibility for Equality and Human Rights, and Integration, Department of Justice, Equality and Law Reform; Minister of State, Department of Community, Rural and Gaeltacht Affairs; Minister of State, Department of Education and Science; Carlow-Kilkenny, Green Party)
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The Director of the Equality Tribunal has received legal advice to the effect that the Tribunal cannot consider claims where a company has been dissolved. The advice of the Attorney General on the matter has been sought.

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