Written answers

Thursday, 29 September 2011

Department of Enterprise, Trade and Innovation

Employment Rights

5:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 90: To ask the Minister for Jobs, Enterprise and Innovation to outline the action that remains open to a person (details supplied) in County Kildare whose former employers have failed to honour settlements reached at the Labour Court; and if he will make a statement on the matter. [26805/11]

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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I have been advised by the Labour Court that it has no record of any case involving the person in question. I have been advised, however, of an Employment Appeals Tribunal case in which the person was the complainant. I understand that a hearing was scheduled to take place on the 17th August 2010 but that it was withdrawn on the day. EAT procedures provide that only a claimant or their representative is allowed withdraw a case. No determination would therefore have been made and the EAT would not have had any involvement in the making of any agreement or settlement.

In cases of non-compliance with decisions of the Labour Court and the EAT, a legally binding enforcement order can be sought from the Circuit Court. However, as it appears that no Labour Court or EAT decision occurred in this case, this would not be an option open to the person in question in this instance.

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