Written answers

Tuesday, 21 June 2011

Department of Social Protection

Community Employment Schemes

9:00 pm

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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Question 161: To ask the Minister for Social Protection the reason supervisors on a community employment scheme in Tallaght, Dublin 24, have not been paid since 18 March; and if the transfer of undertakings legislation applies in their case; and if she will make a statement on the matter. [16163/11]

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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The Deputy will be aware that, as Minister for Social Protection, I do not have a role in the administration of individual cases in regard to the operation of the Community Employment (CE) programme. The administration of individual cases under CE is a day-to-day matter for FÁS as part of its responsibility under the Labour Services Act, 1987, as amended by Part 3 of the Social Welfare (Miscellaneous Provisions) Act, 2010.

The persons referred to are supervisors with Action Tallaght Limited, a company limited by guarantee, that are the sponsors of both a community employment (CE) and job initiative (JI) scheme under a contract with FÁS. Action Tallaght Limited refused to abide by its contractual arrangements with FÁS to carry out the project in accordance with the terms and conditions. FÁS is not in a position to continue to support Action Tallaght Limited in the circumstances. As a result of this situation, FÁS, as a matter of urgency, arranged alternative work with another sponsor for the CE and JI participants. Action Tallaght Limited has responsibility as the employer to pay the supervisors concerned, to make arrangements for redundancy, or redeployment to other activities. I have been advised by FÁS that it understands that the transfer of undertakings legislation does not apply in this case and has advised Action Tallaght Limited of its legal obligations to inform and consult with its employees regarding possible redundancy, or alternative employment within Action Tallaght Limited.

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