Robert Dowds (Dublin Mid West, Labour)
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Question 78: To ask the Minister for Jobs, Enterprise and Innovation if he will provide a report on the case of the Pakistani worker grossly exploited while working for a restaurant (details supplied) in Dublin 22; and if he will make a statement on the matter. [26554/11]

Richard Bruton (Dublin North Central, Fine Gael)
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I am aware, from media reports, of the case to which the deputy is referring.

I understand the individual in question made a number of complaints to the Rights Commissioner Service of the Labour Relations Commission. The Rights Commissioner made a number of awards in favour of the individual which were neither appealed nor implemented by the individual's employer. As a consequence, the individual, pursuant to section 28(8) of the Organisation of Working Time Act 1997 and section 31(1) of the National Minimum Wage Act 2000, referred the matter to the Labour Court.

The Labour Court subsequently issued two Determinations. The first, under the Organisation of Working Time Act, awarded the individual €5,000 (in accordance with the original decision of the Rights Commissioner) while the second, under the National Minimum Wage Act, awarded the individual €86,134.42 (again, in accordance with the original decision of the rights commissioner).

In accordance with all Labour Court Determinations, the employer is allowed six weeks within which to implement the requirements of the Determinations. If this six week period expires without these requirements being implemented, the individual has the option of bringing the matter before the Circuit Court seeking orders directing the employer to carry out the determinations in accordance with the Court's terms.

Robert Dowds (Dublin Mid West, Labour)
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Question 79: To ask the Minister for Jobs, Enterprise and Innovation if the National Employment Rights Authority carry out regular spot checks on businesses they suspect of bad or illegal practice in terms of employment; if the authority reports back to him on a regular basis; and if he will make a statement on the matter. [26556/11]

Richard Bruton (Dublin North Central, Fine Gael)
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NERA carries out inspections of employer records with a view to determining compliance with employment rights legislation. These inspections arise

· In response to complaints received of alleged non-compliance with relevant employment rights legislation;

· As part of NERA inspections focusing on compliance in sectors where there is an identifiable risk of non-compliance and,

· As routine inspections, which act as a control measure.

NERA aims to achieve voluntary compliance. However, some employers either refuse or fail to rectify the breaches identified and/or pay money due to their employees. These employers are referred for prosecution. A total of eight cases have been finalised to date this year with a further 155 cases awaiting decision by the courts.

NERA provides regular reports on its activities to my Department.